Can the judge refuse evidence that I bring?
Short answer
Yes. In Quebec, only evidence of a fact that is relevant to the dispute is admissible (art. 2857 of the Civil Code of Quebec), and the court must, even on its own initiative, reject any evidence obtained under circumstances that violate fundamental rights and freedoms and whose use would tend to bring the administration of justice into disrepute (art. 2858).
In detail
Relevance is the first filter. JuridiQC explains that a piece of evidence “must be connected to the debate and help move it forward”. The Tribunal administratif du logement (TAL, Quebec's rental board) states for its part that it may refuse to hear a witness or to allow an item of evidence to be presented if it finds that it is not relevant or that it does not comply with the applicable rules of evidence.
The second filter is professional secrecy. Section 9 of the Charter of Human Rights and Freedoms protects confidential information given to a professional, and the tribunal must ensure of its own motion that it is respected. Article 2858 makes clear that, where professional secrecy is violated, the disrepute test does not even come into play: the evidence is set aside.
Finally, article 268 of the Code of Civil Procedure allows the court, at any time before judgment, to point out to the parties “any gap in the evidence or in the procedure” and to authorize them to fill it, on the conditions it sets.
What to document
For each exhibit, one line explaining which disputed fact it relates to. If you cannot write that line, there is a good chance the exhibit is not relevant.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
Open the application Up to 3 files, no card · see the plans
Official sources
- Civil Code of Quebec, arts. 2857 and 2858 (Légis Québec)
- Charter of Human Rights and Freedoms, s. 9 (Légis Québec)
- How a hearing unfolds (Tribunal administratif du logement)
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See all the answers · the full guide collection · Lire en français
What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.