Within the context of estate litigation, expert witnesses are often retained for the purpose of assessing an individual’s estimated life expectancy. Where an individual’s health or life circumstances are unique, the use of this expert evidence is often necessary. However, the cost of retaining an expert can be high. So, the question is often asked: Can Ontario’s courts rely upon life expectancy statistics reports published by Statistics Canada?

Though not immediately apparent from a review of the Rules of Civil Procedure, the answer is yes.

Section 25 of Ontario’s Evidence Act, R.S.O. 1990, c. E.23, provides that public documents, including those published by government authorities, are admissible in court to prove their contents. This provision ensures that documents such as statutes, official gazettes, and other public records can be used as evidence without the need for further proof of their authenticity.

The Ontario Court of Appeal recently reaffirmed this principle in the decision of J.N. v. C.G., 2023 ONCA 77. The court highlighted that under the public document exception to the hearsay rule, reports from public officials remain admissible for the truth of their contents. This decision aligns with the earlier ruling of the Ontario Court of Appeal in R. v. A.P. [1996] O.J. No. 2986 in which Justice Laskin emphasized the presumption of public documents’ reliability, having been prepared properly and honestly by public officers for public use.

Life Expectancy Charts as Public Documents

The life expectancy charts from Statistics Canada qualify as public documents. According to the criteria established in R. v. A.P., a document is considered public if it meets four conditions:

1. It must be created by a public official.
2. It must be made in the discharge of a public duty.
3. It must serve as a permanent record.
4. It must be available for public inspection.

The life expectancy tables produced (and regularly updated) by Statistics Canada meet all these criteria, making them admissible in Ontario’s courts without the need for further verification or analysis.

Admitting Copies of Life Expectancy Charts

Section 32 of the Evidence Act further supports the use of these documents. It provides that if a document is of such a public nature that it can be admitted on mere production, a copy or extract is also admissible if it is certified as true by the responsible officer. In practice, this means that life expectancy charts, once reviewed and agreed upon by counsel, can be included in the joint document brief for court proceedings.

Conclusion

For parties involved in a dependant support claim, or other circumstances where an individual’s life expectancy is at issue, understanding the admissibility of life expectancy reports from Statistics Canada is crucial, because of the opportunity for cost savings that use of these documents could represent. While certain circumstances will necessitate the use of expert evidence, parties and their lawyers may seek to capitalize on this opportunity to lower costs in the litigation process.

Thanks for reading!

Doug Higgins