Do I have to pay my witness to come and testify?
Short answer
In Quebec, a party who summons a witness other than a party must pay them in advance, by attaching the amount to the summons to appear, what is needed to cover, for the first day of attendance, the indemnity for loss of time and the travel, meal and accommodation allowances prescribed by regulation (art. 273 of the Code of Civil Procedure).
In detail
That advance is not a gratuity: it is a condition. Article 274 provides that “a person summoned to appear who has received the required advance is bound to appear, failing which they may be compelled to do so”. Article 275 allows the witness to sue the party who summoned them for what is owed, the clerk's attestation being equivalent to a judgment that is immediately enforceable.
For Small Claims, the Government of Quebec confirms that “every witness has the right to be reimbursed for meal and travel expenses”, and that a daily indemnity may be claimed for travel, parking, meals and accommodation, whether or not the person ended up testifying.
JuridiQC makes the same point: when you ask a witness to travel, you generally have to offer them an amount to compensate for the time spent at the courthouse and to cover their meals, their transportation and, if needed, their accommodation.
What to document
The amount paid, the date and method of payment, and the receipts. These expenses are part of the legal costs that can be claimed from the losing party, by way of a bill of costs.
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Official sources
- Code of Civil Procedure, arts. 273 to 275 (Légis Québec)
- Testifying in Small Claims (Government of Quebec)
- How to choose and prepare your witnesses for the hearing (JuridiQC, Government of Quebec)
Related questions
- 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?
- Can I record or film my hearing at the courthouse?
- Can I get the recording of my hearing?
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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.