Why is documentation so important before starting a lawsuit in Ontario?

Strong documentation is one of the most powerful advantages you can have in Ontario civil litigation. Courts decide disputes based on evidence, and contemporaneous written records — created at the time events occurred — are far more persuasive than recollections alone, especially when credibility is in dispute.

Good documentation serves several purposes. It provides a clear factual record that supports your version of events. It allows a lawyer to assess your claim accurately and give you realistic advice. It can be disclosed to the other side during the litigation process, and compelling documentary evidence often prompts settlement without a trial.

Documents that are typically useful include contracts and agreements, invoices and receipts, correspondence (emails, texts, letters), photographs and videos, inspection reports, medical records (in personal injury matters), bank records, and contemporaneous notes of conversations or events. Store these documents carefully — both in physical and electronic form. Back up electronic files.

Avoid deleting or altering documents once a dispute arises or is reasonably anticipated. Ontario's civil procedure rules impose obligations to preserve documents once litigation is contemplated, and destroying evidence relevant to a known potential claim can have serious consequences, including adverse inferences being drawn against you at trial.