How to present photos as evidence?
Short answer
In Quebec, a photo is material evidence that allows the judge to make their own findings (art. 2854 of the Civil Code of Quebec); to be useful, it has to come with the information that identifies it — when it was taken, by whom, and what it shows.
In detail
Article 2854 of the Civil Code defines material evidence as an object or “the sensory representation of an object, fact or place”. A photo falls squarely into that category, and article 2856 allows the court to draw from it “any conclusion it considers reasonable”.
Éducaloi points out a few practical habits: note the date the photos were taken, note what can be seen and the name of the person who took them, annotate a photocopy if needed to circle the important detail, and favour quality over quantity — one or two photos showing the extent of the damage may be enough.
The Tribunal administratif du logement (TAL, Quebec's rental board) likewise lists photographs among the documents commonly filed at a hearing, alongside invoices, correspondence and temperature or humidity readings. In the Small Claims Division of the Court of Quebec, a photo must be given an exhibit number (P-1, P-2… for the plaintiff; D-1, D-2… for the defendant) and bear the court file number.
What to document
For each photo: the date and time, who took it, the exact location, what it shows and why it matters. Keep the original file as well as the printout, and keep the whole series, not just the best shots.
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
- Civil Code of Quebec, arts. 2854 to 2856 (Légis Québec)
- Evidence in Small Claims (Government of Quebec)
- Evidence in Small Claims Court (Éducaloi)
Related questions
- Do my journal or personal notes count as evidence?
- 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?
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.