“I have several difficulties with the doctor’s notes. First, they were attached as exhibits to the respondent’s affidavits. On their face they are hearsay. They are opinion evidence from what would be a participating expert but who has not been qualified as such. Attaching the notes would put him beyond cross-examination.
The law on this point is best summarized by Nakonechny, J. in Lucreziano v. Lucreziano, 2021 ONSC 4106 (CanLII), at para. 49:
[49] Rule 14(19) allows for hearsay only in restricted conditions. The case law identifies potential issues with the admissibility of the doctors’ letters attached to a party’s affidavit. In some cases, courts have rejected unsworn doctor’s letters as inadmissible because the letters contained no evidence as to the doctor’s qualifications and there was no opportunity to cross-examine the doctor. While a doctor’s letter or report will not be excluded solely because it is not in the form of an Affidavit, the Court must be satisfied of the truth of the facts contained in the letter or report: Ceho v. Ceho, 2015 ONSC 5285, Kozak v. Kozak, 2018 ONSC 690.”