The plaintiffs sought to exclude a December 17, 1999 note from Dr. Conley's Clinical Notes and Records, which contained hearsay regarding a past conversation about Cole Parliament's head size.
The plaintiffs argued the note was unreliable hearsay, not a proper business record, and highly prejudicial.
The defendants contended it was a business record and admissible.
The court applied the principled approach to hearsay, finding the note admissible as a business record under section 35 of the Ontario Evidence Act.
The court noted that the availability of all relevant witnesses (record keeper, informant, and parties to the original conversation) at trial would allow for cross-examination, satisfying reliability concerns and mitigating prejudice.
The motion to exclude the evidence was dismissed.