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Grace · #11 03-09-2006, 07:45 PM

H*LL, Yeah!! LV ROCKS!!!! Who needs lawyer when you have LV around. And he doesnt send you a horrendous bill at the end of the month.

logicalvelocity · #12 03-09-2006, 09:51 PM

Grace,

I never wrote that but I did come across it on the net and copied and pasted it into the reply.

Google is an awsome search engine and there really is a wealth of information to be found on the net. A library at your finger tips.

LV

Grace · #13 03-09-2006, 09:56 PM

I'm with Hubby on this one, who needs a search engine when we have LV. I just want you to know that I appreciate you, a total stranger to me, taking the time to look this up for me.

Thanks again, it is truly appreciated.

sasha1 · #14 03-11-2006, 12:53 AM

Yup, I agree! I can't tell you the countless hours I've spent, researching through the computer. You've gotta have a talent for it, LV, or you'd be doing the same thing I do... wasting time! I find I come up with a whole lotta nothing most of the time, and I'm sure it's because I just don't know much about using the search engines properly. You're one heck of an asset to the board, no doubt about it!

anonym098T56 · #15 01-14-2012, 12:53 AM

can you tell me as to what would I have to referrer in court if I point out that the affidavit and the exhibits marked are hearsay, to what article or chapter of the law I referrer in court when I state that the affidavit is full of hearsay and inflammatory content ....

please be specific, thank you

viper56power · #16 01-15-2012, 01:40 PM

Seriously LV thank you very much. I have been searching across all kinds of sites and forums for examples and an outline and while I have found information, none was as clear and concise as yours was. Thank you very much. Your the reason why sites like this are so helpful.

Teenwolf · #17 01-15-2012, 02:14 PM

Quote:

Originally Posted by logicalvelocity

"Hearsay" means anything you have no personal knowledge of but have learned from someone else; it also includes repeating someone else's statements in your own affidavit. It is hearsay, for example, to say "Sally told me that she went to the park at noon on Saturday." It is not hearsay to say "I saw Sally in the park at noon on Saturday."

I wouldn't consider this hearsay, if Sally is the the other party of the court application. While you didn't witness Sally in the park at noon, you do have first hand knowledge of the statements she made. When you testify to the statements she made, you're not claiming that she was in the park; you're testifying to what she told you. If Sally is a third party, and not available for cross-examination, then that's a different story.

walshch · #18 01-15-2012, 08:42 PM

As Teenwolf says, Hearsay is Third-hand information. Hearsay is covered in the Canada Evidence Act, and deals with Court Testimony. For example, you can't give testimony to what somebody else told you. They would have to be called as a witness to give that evidence themselves. You can put all the "Hearsay" evidence you want in an Affidavit, as long as you can back it up.

sahibjee · #19 01-09-2013, 02:55 PM

Quote:

Originally Posted by walshch

As Teenwolf says, Hearsay is Third-hand information. Hearsay is covered in the Canada Evidence Act, and deals with Court Testimony. For example, you can't give testimony to what somebody else told you. They would have to be called as a witness to give that evidence themselves. You can put all the "Hearsay" evidence you want in an Affidavit, as long as you can back it up.

I am checking here Canada Evidence Act and cant find anything that relates to hearsay.

ex has put in her affidavit a para that falls under anonymous hearsay and double hearsay
i.e. family friends said (anonymous hearsay)
&
(they (anonymous) said that Mr. MyName told them)

I would like that para to be stricken out as its just waste of time to discuss something that the "anonymous family friend" is not there to testify to and would like to refer to the relevant section of law.

sahibjee · #20 01-09-2013, 04:58 PM

any one looking for above info: this may be somewhat helpful.

Courts of Justice Act - O. Reg. 114/99

Quote:

(14)AFFIDAVIT BASED ON OTHER INFORMATION
(19) The affidavit may also contain information that the person learned from someone else, but only if,
(a) the source of the information is identified by name and the affidavit states that the person signing it believes the information is true; and
(b) in addition, if the motion is a contempt motion under rule 31, the information is not likely to be disputed. O. Reg. 114/99, r. 14 (19).

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