In Quebec law, civil evidence is the mechanism through which a fact or a right is demonstrated before a court. Concretely, it allows a claim to be transformed into a legal conclusion. Thus, each party must support its arguments with sufficient civil evidence.

Without convincing civil evidence, a claim may be dismissed. This remains true even if the right invoked is valid in theory. Consequently, understanding the applicable rules becomes essential before initiating proceedings.

What is civil evidence in Quebec?

Civil evidence is the set of means used to demonstrate the existence of a fact or a right before a court. Based on the evidence presented by each party, the court renders its decision.

Thus, when a party raises an argument or a defence, it is up to that party to prove it. This obligation forms the basis of the civil judicial system.

What is the purpose of civil evidence?

Civil evidence allows the court to render a fair and informed decision. It is based on the disputed facts submitted to the court.

However, without sufficient civil evidence, a claim may be dismissed. This remains true even if the claim is legally valid in theory.

Thus, civil evidence represents a determining tool in any dispute.

Who bears the burden of proof?

The principle is clear and is set out in section 2803 of the Civil Code of Quebec : the party who alleges a fact must prove it. However, the law provides for certain presumptions that may shift the burden of proof. Thus, in certain cases, civil evidence may be facilitated by law.

In civil law, the burden is that of the balance of probabilities. A fact must therefore be more likely than not. By contrast, in criminal law, the burden is more demanding. It is proof beyond a reasonable doubt.

What are the main types of evidence in civil law?

The Civil Code of Quebec recognizes several means of proof, the main ones being the following :

1. Testimony

Testimony is the statement of a party or a witness regarding facts of which they have personal knowledge. The degree of credibility is left to the court’s assessment.

For example, a person who testifies to having witnessed an accident.

Testimony is subject to certain exceptions and specific rules. Thus, section 2862 of the Civil Code of Quebec limits the use of testimony beyond $1,500. However, this rule applies subject to certain exceptions.

2. Material evidence

Material evidence is presented through objects or physical elements submitted to the court. This may include photographs, videos, recordings, or objects.

The probative value of material evidence depends on the court’s assessment.

For example, a party submits audio or video recordings to support its version of events.

3. Documentary evidence

Documentary evidence is very strong evidence. Indeed, it is one of the most important forms of proof in civil law.

Contracts, emails, text messages, invoices, or even reports are concrete examples of documentary evidence. In most cases, documentary evidence is proof against all.

4. Presumptions

Presumptions allow the court to draw inferences from known facts. In Quebec law, there are two types of presumptions : legal presumptions and factual presumptions.

For example, the owner of property is presumed to be its custodian.

Thus, presumptions sometimes facilitate civil evidence.

5. Admission

According to section 2850 C.C.Q., an admission is “the acknowledgment of a fact capable of producing legal consequences against its author.”

For example, a party who writes in an email : “I acknowledge that I still owe you $500. I will repay you next week.” The other party may then use the email as an admission by its author.

ATTENTION: section 2853.1 of the Civil Code of Quebec is clear : an apology is not considered an admission. It therefore cannot be used as evidence against its author at trial.

Why consult a lawyer?

Civil evidence is at the heart of any judicial proceeding. However, the rules governing it may be complex. Thus, an error in presenting civil evidence may compromise an otherwise strong case.

Moreover, certain evidence may be inadmissible if it does not comply with the applicable rules.

Consequently, the assistance of a lawyer makes it possible to identify admissible means of proof. It also helps structure coherent and strategic civil evidence. Our firm can assist you in building strong civil evidence and effectively defending your rights before the court.