What is the current state of the law on the issue of secondary evidence?

Ontario, Canada


The following excerpt is from Papalia v. R., 1977 CanLII 54 (ON CA):

Lord Denning would remove the question of secondary evidence entirely from the area of admissibility to that of weight. In Garton v. Hunter, [1969] 2 Q.B. 37 at p. 44 he said: It is plain that Scott L.J. had in mind the old rule that a party must produce the best evidence that the nature of the case will allow, and that any less good evidence is to be excluded. That old rule has gone by the board long ago. The only remaining instance of it that I know is that if an original document is available in your hands, you must produce it. You cannot give secondary evidence by producing a copy. Nowadays we do not confine ourselves to the best evidence. We admit all relevant evidence. The goodness or badness of it goes only to weight, and not to admissibility.

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