What is the test for admitting hearsay evidence?
Ontario, Canada
The following excerpt is from DCAS v. J.T., 2015 ONSC 8010 (CanLII):
Hearsay evidence can only be admitted when it meets the criteria of necessity and reliability: Children’s Aid Society of Hamilton v. M.N., at para. 30. The court is entitled to draw an adverse inference against a party whose evidence is not based on the personal knowledge of the person swearing the affidavit: FLR, r. 16(5).
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