Trial Counsel for Law Firms

How to prepare an Evidence Act Notice regarding Business Records

When a party intends to rely on business records at trial, it is both necessary and useful to provide an Evidence Act notice to that effect.

Click here for Mick’s precedent Notice of Intention Regarding Business Records.

Such an Evidence Act notice has two components, as discussed below.

Identifying the Business Records

The first part of the notice identifies the business records that will be relied on.  This is the necessary aspect of the notice as section 35 of Evidence Act requires notice in order for the business record to be admissible.  An opportunity to inspect the business record must be granted.

7 days notice is the minimum, but as discussed below, 10 days notice is required to rely on copies of original documents, so disregard the 7 day notice period in section 35 of the Evidence Act.

Proving the Business Records

The second part of the notice indicates that pursuant to section 55 of the Evidence Act, copies of the business records will be used to prove the documents.  This is optional but useful as it obviates the need to introduce the original business records.

10 days notice is the minimum requirement.

This article is courtesy of the Ontario Civil Trial Manual

Click here for the Ontario Civil Trial Manual

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This manual is trial information, not trial legal advice.

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