What evidence am I allowed to bring to a Small Claims Court trial in Ontario?
Small Claims Court trials in Ontario follow simplified evidence rules compared to the Superior Court, but you still need to present credible proof of your claim or defence. Documentary evidence — contracts, invoices, receipts, text messages, emails, photographs, and estimates — is the backbone of most Small Claims cases. You should bring organized originals or copies and be prepared to walk the judge through what each document shows.
Witness testimony is also permitted. If you want someone to testify on your behalf, you should subpoena them using a Summons to Witness (Form 18A) if there is any chance they might not appear voluntarily. Failing to subpoena a witness who then does not show up can hurt your case.
Expert evidence (for example, a contractor's opinion on the cost of repairs) is generally admissible if the witness has relevant expertise. However, calling a live expert is costly; often, a written estimate or report serves the same purpose at lower expense.
Hearsay rules are relaxed in Small Claims Court — the judge has discretion to admit a wider range of statements than in formal proceedings. That said, original documents and direct testimony are always more persuasive than second-hand accounts.
Key takeaways
- Documents, photographs, and written records are the core of most Small Claims cases.
- Subpoena witnesses you need using Form 18A to ensure their attendance.
- Expert reports or estimates are admissible and often more practical than live expert testimony.
- Hearsay rules are relaxed, but direct evidence is always more persuasive.