Date: 2005-09-09 Docket: 200308T0072 . Robert A. Fowler J. | Link

This is a motion for non-suit based on the inadmissibility or rejection of the documentary evidence of the Plaintiff. The court reviews the necessary admissibility framework for business records starting at para32. Questions arose around computer documents that had been printed from the financial records. At para46, the court says "With the exception of the updated documents Ms. Noseworthy had no idea as to how the documents at Tabs 1 to 4 inclusive were printed and by whom.  There was also absolutely no evidence of the system used by LCDC as to how information was received and recorded and by whom these functions were performed to give some degree of reliability." The records were thus ruled inadmissible.