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Simon Shields, LLB

Advising Self-Representing
Ontario Litigants
Since 2005

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Evidence - Hearsay - Principled Exception

R. v. Zaba (Ont CA, 2016)

In this case the Court of Appeal commented on the principled exception to the hearsay rule as follows:
[9] The admissibility of hearsay under the principled exception depends on whether the requirements of necessity and reliability are met. The appellant concedes that necessity is established. That leaves the requirement of reliability.

[10] In K.G.B., the Supreme Court set out three criteria relevant to determining the threshold reliability of a statement at pp. 795-96:

i. the statement is made under oath or solemn affirmation after a warning about the consequences of an untruthful account;

ii. the statement is videotaped in its entirety; and

iii. the opposite party has a full opportunity to cross-examine the witness on the statement.



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