Can a school report be challenged because it contains impermissible opinion under section 35?
Ontario, Canada
The following excerpt is from Hajrizi v. Ottawa-Carleton School Board, 2018 ONSC 2408 (CanLII):
This means that even if the admissibility of the report cards could be successfully challenged because they contain impermissible opinion under section 35, they are admissible at common law, including the opinions and comments section, as declarations made in the course of a business duty because the maker of the record, the teacher, had personal knowledge of the matters that he or she was commenting on, a requirement of the common law exception. I would add that none of the documents is of a nature where there is any discernable risk of a motive to record false information with a view to mislead or misrepresent. The absence of motive to mislead is an element of the common law exception enunciated in Ares v. Venner. Lack of Personal Knowledge
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
How have courts dealt with a motion for summary judgment against a plaintiff’s own opinion reports? (Ontario, Canada)
In what circumstances will a plaintiff quit school because she did not like school? (Ontario, Canada)
What is the test for branch 1 of the section 12 exemption under section 12 of the Criminal Code of Canada? (Ontario, Canada)
Can a conclusion or opinion from a witness be admitted as non-expert opinion evidence? (Ontario, Canada)
Can a witness who has not been engaged by or on behalf of a party to the litigation give five opinion evidence for the truth of their opinion? (Ontario, Canada)
Does Section 9 violation in relation to over holding constitute a serious violation of section 9 of the Charter? (Ontario, Canada)
Can a judge acting under section 37 of the Rules of Civil Procedure make an order under the same section of the Order? (Ontario, Canada)
Is there a risk to the trial of this report if this report is excluded from the trial? (Ontario, Canada)
What is the impact of proximity between primary school and secondary school? (Ontario, Canada)
In determining that the contents of the cigarette package was tobacco processed in the form of cigarettes, and in the absence of any evidence supporting that tobacco products contained in the cigarette box contained tobacco, does the prosecution need to call expert scientific evidence? (Ontario, Canada)
