Small Claims Court TRIAL Canada
Trial
The Plaintiff has the burden of proof. This means, s/he must show that the Defendant should have to pay money or be forced to do something (such as returning an item). Generally speaking, first the Plaintiff will present evidence at trial (such as showing relevant documents, calling witnesses, testifying on their own behalf) and then the Defendant has the opportunity to do the same.
Evidence
This can include documents such as contracts, letters, cheques, receipts, photos and the like. You should have the original documents in Court, but you can leave a photocopy with the court if you need the original right away.
Witnesses
Both the Plaintiff and Defendant can call witnesses and it is their responsibility to notify witnesses of the date, time and location of the trial.
If a party calls a witness, s/he should have questions ready to ask them. It is advisable to go over the testimony before trial.
Hearsay
A Judge cannot accept evidence that the Plaintiff, Defendant or witness gives about something another person saw or said. It is important to have the person who saw or heard something be a witness themselves, as no one else can tell the Court on their behalf.
Keep in mind
It is important to show up for trial! If the Plaintiff doesn’t show up, the claim can be dismissed. If the Defendant doesn’t show up, the Judge might rule against them.
In most provinces, Small Claims Court Judges are called “Your Honour”.
The Plaintiff will give evidence (documents, witnesses etc.) first and the Defendant can cross examine the Plaintiff’s witnesses. Then, the Defendant will give evidence and the Plaintiff can cross examine the Defendant’s witnesses.