I have nothing in writing can I prove a verbal agreement?

In detail

Article 2862 states the rule and its exceptions in the same breath. Above $1,500, you need a writing to prove the contract itself between the parties. But “failing proof in writing and regardless of the value in dispute, proof may be made by testimony of any juridical act where there is a commencement of proof”, and testimony is also allowed to prove an act entered into by a person “in the ordinary course of business of an enterprise”.

Article 2865 defines the commencement of proof: it may arise from an admission or a writing emanating from the adverse party, from their testimony, or from the presentation of material evidence, “where such a means lends credibility to the alleged fact”. An email from the other party, a bank transfer, or a message referring to the agreed price can play that role.

Article 2863 adds that you cannot contradict a written contract or vary its terms by testimony unless there is a commencement of proof. You also have to distinguish a juridical act from a simple fact: an accident, damage or a course of conduct may be proved by any means (art. 2857).

What to document

Any writing, however informal, that comes from the other party and refers to the agreement: text message, email, handwritten note, transfer confirmation, invoice, receipt. Date each item and note what it makes credible.

Official sources

• Civil Code of Quebec, arts. 2857, 2862, 2863 and 2865 (Légis Québec)
• Evidence in Small Claims Court (Éducaloi)

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