Do my journal or personal notes count as evidence?

In detail

Article 2843 states that testimony “shall be contained in a deposition given in judicial proceedings” to make proof, unless the parties agree otherwise or the law provides otherwise. It is you, on the stand, who tells the facts. A notebook does not speak for you.

Article 2832 nevertheless provides that a writing that is neither authentic nor semi-authentic and that relates a fact may, subject to the rules on evidence, be admitted as testimony or as an admission against its author. And article 2865 allows a writing emanating from the adverse party, an admission, testimony or material evidence to serve as a “commencement of proof” where it lends credibility to the alleged fact.

The real value of a journal kept day by day lies elsewhere: it lets you testify with exact dates, in order, without mixing up events. Éducaloi and JuridiQC both stress presenting things chronologically and keeping every fact you report relevant.

What to document

Each event noted the same day: the date, the time, the place, who was there, what was said or done, and the documents attached to it (photo, text message, invoice, email). One fact per entry, without interpretation.

Official sources

• Civil Code of Quebec, arts. 2832, 2843 and 2865 (Légis Québec)
• What you need to know about evidence (JuridiQC, Government of Quebec)
• 8 tips for preparing your Small Claims trial (Éducaloi)

Related questions

• Can I tell the judge what someone else told me?
• I have nothing in writing can I prove a verbal agreement?
• The other party admitted something in writing does that count?
• Who has to prove what in court?
• What does proving on a balance of probabilities mean?

See all the answers · the full guide collection · Lire en français