I lost the original of a document is a copy enough?
Short answer
In Quebec, the content of a writing must in principle be proved by producing the original or a copy that legally replaces it, but where a party cannot, despite their good faith and diligence, produce the original or such a copy, proof may be made by any means (art. 2860 of the Civil Code of Quebec).
In detail
Article 2860 is the “best evidence” rule. Its second paragraph is the safety valve: the party's good faith and diligence open the door to other means of proof. You still have to be able to explain to the court what was tried in order to find the original.
The third paragraph deals with digital documents: for a technology-based document, “the function of an original is fulfilled by a document that meets the requirements of section 12” of the Act to establish a legal framework for information technology, and the function of a copy that legally replaces it is fulfilled by a certified copy meeting the requirements of section 16.
Section 16 states that a technology-based copy may be certified “by means of a comparison process allowing it to be established that the information in the copy is identical to the information in the source document”. Section 15 adds that the copy must display the characteristics that allow it to be recognized as a copy, in particular by indicating the place and date it was made.
What to document
The steps you took to find the original (dates, people contacted, answers received), the most faithful copy in your possession, and the date it was produced. Those steps are what shows good faith and diligence.
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Official sources
- Civil Code of Quebec, art. 2860 (Légis Québec)
- Act to establish a legal framework for information technology, ss. 12, 15 and 16 (Légis Québec)
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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.