The other party admitted something in writing does that count?
Short answer
Yes. In Quebec, an admission is the acknowledgement of a fact that may produce legal consequences against the person who makes it (art. 2850 of the Civil Code of Quebec); an admission made in the course of the proceeding constitutes proof against the party who made it, and the probative force of any other admission is left to the appreciation of the court (art. 2852).
In detail
Article 2851 says an admission may be express or implied, but that it may not be inferred from silence alone except in the cases provided for by law. Article 102 of the Code of Civil Procedure says the same thing: “Silence with respect to an alleged fact is not tantamount to an acknowledgement of that fact.”
An admission made during the proceeding — in a pleading, at the hearing — constitutes proof against its author and cannot be revoked, unless it is shown to result from an error of fact (art. 2852). An admission made elsewhere, for example in a text message sent weeks before the trial, is admissible, but it is the judge who decides how much weight to give it.
Article 2853 adds that an admission “may not be divided”, subject to exceptions: you cannot keep the part that suits you and set the rest aside.
What to document
The complete message or email containing the admission, with what comes before and after, the date, the sender, and the exact fact that is acknowledged. Keep the context: an admission is not something you cut up.
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. 2850 to 2853 (Légis Québec)
- Code of Civil Procedure, art. 102 (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.