Can a police file concerning an accident be used as a business record?
British Columbia, Canada
The following excerpt is from Narayan v. Insurance Corporation of British Columbia, 2015 BCSC 994 (CanLII):
In Gill v. Gill, 2009 BCSC 784, the defendant sought to rely on the entirety of a police file concerning an accident as a business record for the purposes of the Evidence Act. The file contained a letter summarizing witness statements to police, the accident investigation report which described the parties involved and the location of the damage to the vehicles, a statement to police by one of the parties, and a variety of other items including an excerpt from the attending officer’s notes. In considering the application of s. 42 of the Evidence Act to the entire file, Bruce J. said:
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