Admission of Evidence at Trial

General Evidence Rules

• Parole Evidence Rule
• Expert Reports

Production Order for Documents in Small Claims Court

See: Order for Production

Rule 18.02 Exception to Hearsay Rule

O. Reg. 258/98: RULES OF THE SMALL CLAIMS COURT Written Statements, Documents and Records

18.02 (1) A document or written statement or an audio or visual record that has been served, at least 30 days before the trial date, on all parties who were served with the notice of trial, shall be received in evidence, unless the trial judge orders otherwise. O. Reg. 78/06, s. 36 (1).

(2) Subrule (1) applies to the following written statements and documents:

1. The signed written statement of any witness, including the written report of an expert, to the extent that the statement relates to facts and opinions to which the witness would be permitted to testify in person.

2. Any other document, including but not limited to a hospital record or medical report made in the course of care and treatment, a financial record, a receipt, a bill, documentary evidence of loss of income or property damage, and a repair estimate. O. Reg. 258/98, r. 18.02 (2); O. Reg. 78/06, s. 36 (2).

Details about Witness or Author

(3) A party who serves on another party a written statement or document described in subrule (2) shall append to or include in the statement or document,

(a) the name, telephone number and address for service of the witness or author; and

(b) if the witness or author is to give expert evidence, a summary of his or her qualifications. O. Reg. 78/06, s. 36 (3).

(4) A party who has been served with a written statement or document described in subrule (2) and wishes to cross-examine the witness or author may summon him or her as a witness under subrule 18.03 (1). O. Reg. 258/98, r. 18.02 (4).

Where Witness or Author is Summoned

(5) A party who serves a summons to witness on a witness or author referred to in subrule (3) shall, at the time the summons is served, serve a copy of the summons on every other party. O. Reg. 78/06, s. 36 (4).

(6) Service of a summons and the payment or tender of attendance money under this rule may be proved by affidavit (Form 8A). O. Reg. 78/06, s. 36 (4).

Adjournment

(7) A party who is not served with a copy of the summons in accordance with subrule (5) may request an adjournment of the trial, with costs. O. Reg. 78/06, s. 36 (4).

Garcia v. 1162540 Ontario Inc., 2013 ONSC 6574 (CanLII)

[17] The Deputy Judge expressed skepticism regarding the probative value of these statements in paragraphs 77 and 78 of his reasons. Admission of these statements under Rule 18.02 of the Rules of the Small Claims Court, O. Reg. 258/98 does not require the trial judge to accept the statements as probative.

Hearsay Evidence

Canadian Imperial Bank of Commerce v Wiedemann, 2019 CanLII 10131 (ON SCSM)

8. Hearsay may be admitted in Small Claims Court but is generally entitled to reduced weight because it is hearsay and therefore less reliable than direct evidence: Central Burner Service Inc. v. Texaco Canada Inc. (1989), 36 O.A.C. 239 (Div. Ct.).