What is the test for admissibility of a plaintiff’s counseling records?
British Columbia, Canada
The following excerpt is from Desharnais v. Parkhurst and Romanowski, 2013 BCCA 113 (CanLII):
The plaintiff’s trial counsel objected to the admissibility of the counseling records as hearsay. The trial judge found that the counseling records fit within the traditional exception for medical records to the rule against hearsay as stated in Ares v. Venner, 1970 CanLII 5 (SCC), [1970] S.C.R. 608.
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