Is evidence submitted in writting that came from a third party, hearsay?

Question

I have a Dispute scheduled with my ex-landlord. Among other things I alleged that he infringed upon my Quiet Enjoyment by routinely pressuring me into moving out with in person meetings. The landlord rebuttled that he had received numerous complaints about me from other people in the building, and provided the hearing with the e-mailed complaints. Basically the landlord assumed these allegations were true and I wasn’t even able to defend myself because no evidence was given and the claims were very broad and generic.

Do the e-mails count as hearsay? If yes, would I just motion to have them not considered as hearsay? If they’re no hearsay, would I defend myself against the allegations maid in the emails? Or would I simply say that if the landlord wanted to evict me he had to have followed the proper channels.

Answer 1

The emails both are and are not hearsay

If the landlord seeks to use them as evidence that you did the things stated in the emails, that’s hearsay.

However, if he seeks to use them as evidence that he received complaints about you, that’s not hearsay.

Notwithstanding, this is no doubt a hearing in a tenancy tribunal or small-claims court - strict rules of evidence generally don’t apply in those. The emails are therefore likely something that will be admissible even if they are hearsay.