If a patient recorded on Ex. 21 "The patient was walking in the dark in his home and suffered a fall", is that a statement sufficient to be considered proof?
British Columbia, Canada
The following excerpt is from Olynyk v. Yeo, 1988 CanLII 3101 (BC CA):
If, for instance, the resident had recorded on Ex. 21 "The patient told me that he was walking in the dark in his home and suffered a fall" the issue would be whether, if the appellant denied making the statement to the resident, the document itself was such proof or whether the resident would have to be called to prove the inconsistent statement in the pre- s. 48 and pre- Ares v. Venner way.
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