Business records are admissible for the truth of their contents pursuant to s. 42 of the Evidence Act, where a witness proves the preconditions for admissibility related to the record keeping, absent agreement between the parties. If a record is not admissible under s. 42, it may still be admissible under the common law exception to the hearsay rule found in Ares v. Venner, 1970 CanLII 5 (SCC), [1970] S.C.R. 608 or the principled exception. Similar to the requirements of s. 42 however, where the document is tendered for the truth of its contents the author or creator is ordinarily called to establish the record was made contemporaneously, in the ordinary course of business by a person with a duty to make the record, etc.
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