Admitting Business Records into Evidence: What You Need to Know
In Ontario personal injury trials, business records—like medical charts, treatment logs, or insurance notes—can be powerful evidence. But they must meet the strict criteria under **Section 35 of the Evidence Act** to be admitted.
At Auger Hollingsworth, we frequently rely on s. 35 to admit hospital records, rehab reports, and insurance adjuster notes. But we also know the rule isn’t automatic. For a document to qualify, it must be:
- Made in the usual course of business
- Created close in time to the event it describes
- Recorded by someone under a duty to do so
If these criteria aren’t met—or if the document contains hearsay or opinion—it may not be accepted. Worse, if your personal injury lawyer doesn’t serve the required **7-day notice** in advance, the evidence could be excluded altogether.
We make sure that every document served under s. 35 meets the standard. And we’re prepared for objections. If the other side challenges admissibility, we’re ready with case law like *Ares v. Venner* and *Felderhof* to argue the document should be allowed in. In some cases, we call witnesses to explain the record’s origin and ensure the judge finds it reliable.
For personal injury clients, especially those with complex injuries, business records are often the backbone of the case. Whether you’re proving treatment, medication compliance, or lost wages, proper evidence admission is essential.
Don’t let your evidence get shut out of court. Choose Auger Hollingsworth, where trial preparation starts with the right paperwork—and ends with results.
