What is the test for the exceptional admission of hearsay?

Ontario, Canada


The following excerpt is from R. v. Asling, 2011 ONCJ 838 (CanLII):

15. The principled approach to the exceptional admission of hearsay disavows any closed list of factors to be applied to determine whether the circumstances in which a hearsay statement came about meet the reliability requirement in an individual case. Reference: R v. Moo, supra, at para 93

Other Questions


Are statements in a public document admissible as an exception to the rule against hearsay? (Ontario, Canada)
Can a party who meets the principled exception to the hearsay rule remove the exclusionary features as a barrier to admissibility? (Ontario, Canada)
What is the case law on hearsay and hearsay in the context of business records? (Ontario, Canada)
What is the test for establishing that there is an "exceptional exception" where the child is not considered to be a party to a claim of sexual assault? (Ontario, Canada)
What is the effect of a decision in Ares v. Venner on hearsay in the context of the hearsay rule? (Ontario, Canada)
Does the CFSA s. 50 exception to hearsay rule? (Ontario, Canada)
What is the common law test for admitting a spontaneous or excited utterance as an exception to the hearsay rule? (Ontario, Canada)
What is the argument that s. 36(1) of the Charter provides a barrier to the admission of hearsay? (Ontario, Canada)
What is the effect of the hearsay rule and its numerous exceptions? (Ontario, Canada)
Does a deemed admission made by one defendant be admissible against the other defendants? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.