Is it hearsay or non-hearsay use where a witness repeats or produces a statement to prove merely that it was made?
Canada (Federal), Canada
The following excerpt is from Pfizer Canada Inc. v. Teva Canada Limited, 2016 FCA 161 (CanLII):
This is to be distinguished from a non-hearsay use, where a witness repeats or produces a statement to prove merely that it was made. The classic expression of this distinction is as follows: Evidence of a statement made to a witness by a person who is not himself called as a witness may or may not be hearsay. It is hearsay and inadmissible when the object of the evidence is to establish the truth of what is contained in the statement. It is not hearsay and is admissible when it is proposed to establish by the evidence not the truth of the statement but the fact that it was made. (Subramanian v. Public Prosecutor, [1956] 1 W.L.R. 965 at p. 969 (P.C.).)
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