This paper discusses hearsay in civil litigation and why litigators should be cognizant of hearsay. It reviews the hearsay rule and the stages in a hearsay admissibility analysis. It also discusses the problems with hearsay from an evidentiary perspective. As well, statutory and regulatory admissibility of hearsay and common law exceptions to hearsay are considered, including traditional exceptions and principled exceptions. The paper highlights applicable case law throughout.

This paper is part of a collection presented at LESA’s Civil Advocacy Series: Evidence program in Edmonton on May 2, 2017 and in Calgary on May 4, 2017.