The Crown brought an application to admit a video-recorded statement of a deceased complainant into evidence at a trial for fraud and uttering forged documents.
The complainant, an elderly person who required personal support workers, alleged that the accused made unauthorized bank withdrawals.
The court applied the principled exception to the hearsay rule, finding that while the necessity requirement was met due to the complainant's death, threshold reliability was not established.
The court noted concerns with the complainant's memory, the leading nature of the interview questions, and a prior inconsistent complaint to police involving another worker.
The application was dismissed.