Hearsay Evidence: A Practical Guide For Ontario Personal Injury Cases

• Published date: 14 November 2024
• Law Firm: Bergeron Clifford
• Author: Mr Kanon Clifford

Hearsay evidence is a term that often causes confusion, not only for the general public but also for legal professionals. In Ontario, where personal injury law is particularly nuanced, understanding hearsay is crucial for effectively presenting or defending a case. This guide will break down what hearsay evidence is, its implications in personal injury cases, and how to navigate its complexities to ensure the best possible outcome for your clients.

What is Hearsay Evidence?

Hearsay evidence is any statement made outside of the courtroom that is presented to prove the truth of the matter asserted in the statement. The foundational issue with hearsay is its lack of reliability'since the declarant (the person who made the statement) is not present in court, their credibility cannot be tested through cross-examination (R. v. Khelawon, 2006).

In R. v. Khelawon (2006), the Supreme Court of Canada outlined that hearsay is presumptively inadmissible due to the potential for inaccuracy and deception. In personal injury cases, this can significantly impact the evidence that can be presented, particularly when it comes to statements made by witnesses or documents produced outside of...