The applicants (maternal grandparents) brought a motion seeking an order that police records from the Greater Sudbury Police Service and records from the Children's Aid Society of the Districts of Sudbury and Manitoulin be declared admissible as evidence for the truth of their content in a custody and access dispute.
The respondents (biological parents) opposed the motion on the grounds that the documents contained inadmissible hearsay and opinion evidence.
The court granted the motion in part, holding that the documents qualify as business records under section 35 of the Ontario Evidence Act and are admissible for the truth of their content, subject to specific limitations regarding hearsay and opinion evidence.
