Do I have to give my evidence to the other party before the hearing?
Short answer
Yes. In Quebec, the parties owe each other cooperation, in particular by informing one another of the facts and the evidence likely to promote a fair debate, and by making sure relevant evidence is preserved (art. 20 of the Code of Civil Procedure).
In detail
Article 20 states that the parties must, at the time set by the Code or by the case protocol, “inform one another of the facts on which their claims are based and of the evidence they intend to produce”. This is not a courtesy: it is an obligation, and it includes preserving the evidence.
Article 246 provides that the terms and time limits for communicating exhibits are set out in the case protocol, and that failing that a party may request communication without formality. Article 251 requires a party in possession of an item of material evidence to present it to the others on request and to preserve it, or to keep an adequate representation of it that allows its condition to be observed until the end of the trial.
In Small Claims, the mechanics are simpler: exhibits filed with the court office may be consulted at the courthouse, and the Government of Quebec states that you can ask for a copy of the evidence filed by the other party by contacting the courthouse.
What to document
What you sent, to whom, when and how, with proof of sending. Also note what you asked the other party for and their answer — a refusal to disclose is something you document.
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.
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Official sources
- Code of Civil Procedure, arts. 20, 246 and 251 (Légis Québec)
- Evidence in Small Claims (Government of Quebec)
Related questions
- How do I get a witness to come to the hearing?
- Do I have to pay my witness to come and testify?
- What if my witness refuses to show up?
- Can a witness testify in writing instead of coming to court?
- How do I prepare the questions to ask my witnesses?
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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.