Who has to prove what in court?
Short answer
In Quebec, a person seeking to assert a right must prove the facts on which their claim is based, and a person who claims that a right is null, has been modified or is extinguished must prove the facts on which their claim is based (art. 2803 of the Civil Code of Quebec).
In detail
This is the burden of proof. JuridiQC explains it simply: as a general rule, the person who started the proceeding — the plaintiff — has to prove to the court that they are entitled to what they are asking for. The defendant may also have to bring evidence, in particular to contradict the plaintiff's evidence or where they file their own counterclaim.
The Tribunal administratif du logement (TAL, Quebec's rental board) adds a very concrete point: it is up to the person who claims to have performed their obligation to prove it — for example, the tenant who says they paid the rent, or the landlord who says the repairs were done.
JuridiQC also stresses that evidence is required even where the parties agree on everything, and even if the other side does not show up: proving that you are entitled to what you are asking for is always necessary to obtain a judgment.
What to document
List the facts you have to prove, then put beside each one the exhibit or the witness that establishes it. The facts with nothing beside them are your blind spots.
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.
Open the application Up to 3 files, no card · see the plans
Official sources
- Civil Code of Quebec, art. 2803 (Légis Québec)
- What you need to know about evidence (JuridiQC, Government of Quebec)
- Preparing for a hearing (Tribunal administratif du logement)
Related questions
- What does proving on a balance of probabilities mean?
- Can the judge refuse evidence that I bring?
- I lost the original of a document is a copy enough?
- How long do I have to sue someone in Quebec?
- What is the time limit to sue after an assault or violence?
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.