In a personal injury case, in what circumstances will the trial judge admit records that are not relevant to the rule against hearsay?
British Columbia, Canada
The following excerpt is from Desharnais v. Parkhurst and Romanowski, 2013 BCCA 113 (CanLII):
Following cross-examination on the records, counsel sought to admit the records into evidence. Plaintiff’s counsel objected. In the absence of the jury, the trial judge and counsel considered whether or not the records could be admitted under an exception to the rule against hearsay. The trial judge considered that the records met the exception for business records under Ares v. Venner, and the records were admitted. Section 42 of the Evidence Act was also mentioned, though it is not clear that s. 42 was applied.
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