The trial judgment concluded (without explanation) that the sentence in the surgeon's report was not hearsay. It was and is tendered for the truth of the contents. However, the surgeon had no personal knowledge, the resident had no personal knowledge, and the resident did not testify. So (with all respect), it is triple hearsay. The defendants ask us nevertheless to admit it under Ares v. Venner 1970 CanLII 5 (SCC), [1970] S.C.R. 608. We do not do so because the sentence is inaccurate; it is completely outside the duties (even the province) of physicians; the surgeon had no personal knowledge; and it was not written contemporaneously with the events described.
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