Hearsay in Ontario Speeding Ticket Trials

Updated November 1, 2026

Published by Ontario Speeding Tickets · Sources and editorial policy

Hearsay generally involves an out-of-court statement offered to prove that what it says is true. It can arise in a speeding trial when someone repeats another person’s account or relies on information in a document. Whether it may be used depends on the rule and any applicable exception.

Why the Purpose of a Statement Matters

A statement offered to prove an alleged fact raises a different issue from a statement offered for another legally relevant purpose. The court must consider the context. Simply labelling something hearsay does not finish the analysis.

For example, repeating what an absent passenger said about the vehicle’s speed is not automatically equivalent to the passenger giving evidence. Review who actually observed the fact and how the account could properly be presented.

Documents and Admissions Need Separate Review

There are exceptions to the general hearsay rule, and legislation can permit certified documentary evidence. Statements attributed to a defendant can also raise different admissibility questions. It is inaccurate to say that every person mentioned in a document must always attend court.

Section 48.1 of the Provincial Offences Act addresses eligible certified evidence. Read the trial guide and Iagolnik for the distinction between the method of presenting evidence and the prosecution’s continuing burden.

Have the Evidence Reviewed Before Court

If a witness or document matters to your case, obtain advice about attendance, notice and admissibility early. Do not assume an email, written statement or screenshot can be used for every purpose merely because it appears in your file.

The speeding ticket court preparation guide helps organize those questions. A disputed statement in the prosecution’s disclosure should be assessed in the full context rather than removed from consideration by a generic objection.