Evidence at the Small Claim Division

If you are the plaintiff or defendant in a case at the Small Claims Division, you must gather together all the documents and other items you intend to use as evidence, such as:

• a formal notice;
• a cheque, receipt or invoice;
• a contract or warranty;
• an assessment;
• a photograph;
• an expert report;
• a damaged object.

You may also draw up a list of the people who, as witnesses, will help you prove your case, including their names and addresses. You are required to file this list with the clerk if you wish them to be called by way of a subpoena.

Use the List of Exhibits form (SJ 840) to add exhibits (evidence) to your case.

Your exhibits must be given to the clerk when you file your application or no less than 30 days before the date of the hearing.