Section 125 - Business records

(1) Evidence of a hearsay statement contained in a writing made as a record of an act, event, condition, opinion or diagnosis is not made inadmissible by section 117 if

(a) the writing was made in the regular course of a business;

(b) the writing was made at or near the time the act or event occurred, the condition existed, the opinion was formed, or the diagnosis was made; and

(c) the sources of the information and the method and time of preparation indicate that the statement contained in the writing is reasonably trustworthy.

(2) Evidence of the absence from records of a business of a record of an alleged act, event or condition is not made inadmissible by section 117 when offered to prove the non-occurrence of the act or event, or the non-existence of the condition, if

(a) it was the regular course of that business to make records of those acts, events or conditions at or near the time the act or event occurred or the condition existed and to preserve those records; and

(b) the sources of information and method and time of preparation of the records of that business show that the absence of a record is a reasonably trustworthy indication that the act or event did not occur or that the condition did not exist.

(3) For the purpose of this section, “business” includes a type of regularly conducted activity, business, profession occupation, governmental activity, or operation of an institution whether carried on for profit or not.

(4) A hearsay statement admissible in evidence under this section is not made inadmissible by the fact that it is not based on the personal knowledge of the declarant.