In this era, the first place a person goes to find information is the internet. With trillions of websites abounding containing information from medicine to travel advisories to employment options, the world wide web is the most frequented source for data. Although important decisions are made every day based on the internet, the courts set a much higher standard.
Lawyers, paralegals, assessors and self-represented litigants all try to refer judges to internet articles to support their case in court. Although there is often a lack of expert evidence that can help guide a judge’s ruling on a case, the rules of evidence do not permit judges to rely on internet articles.
In Children’s Aid Society of the Regional Municipality of Waterloo v. S.S., 2010 ONCA 630, a 3 judge panel from the Ontario Court of Appeal considered an appeal in a child protection case where a medical expert proffered an opinion stemming from a parental capacity assessment. As part of the appeal, the appellant asked the court to dismiss the expert’s opinion on the effect of Cortisol on the brain of children in stressful situations. To do so, the appellant produced internet articles on this subject.
This prompted the Court of Appeal to state:
“It is insufficient to come to this court and simply attempt to file articles found on the internet which relate to the effect of Cortisol on the brain. There is no opinion from anyone qualified to give one that these articles are authoritative. Absent such evidence, they are of no evidentiary value and are inadmissible.”
In light of the changing jurisprudence regarding opinion evidence, the best practice is to comply with the rules of evidence by serving the Expert Report, Notice to Admit, Acknowledgment of Expert Report and CV – all in accordance with the timelines set out in the Rules.
Editorial Note:
This article was originally written in 2015. As the use of online sources has only grown—along with concerns about misinformation and AI-generated content—the core principle remains critical: internet articles are not admissible evidence unless introduced through a qualified expert under the proper rules.
Steve Benmor, B.Sc., LL.B., LL.M. (Family Law), C.S., Cert.F.Med., C.Arb., FDRP PC, is the founder and principal lawyer of Benmor Family Law Group, a boutique matrimonial law firm in downtown Toronto. He is a Certified Specialist in Family Law, a Certified Specialist in Parenting Coordination and was admitted as a Fellow to the prestigious International Academy of Family Lawyers. Steve is regularly retained as a Divorce Mediator/Arbitrator and Parenting Coordinator. Steve uses his 30 years of in-depth knowledge of family law, court-room experience and expert problem-solving skills in Divorce Mediation/Arbitration to help spouses reach fair, fast and cooperative divorce settlements without the financial losses, emotional costs and lengthy delays from divorce court.
Share this article on: