Evidence

If you are the plaintiff in a case, you must gather together all the documents and other items you intend to use as evidence, such as:

• a formal notice;
• a cheque, receipt or invoice;
• a contract or warranty;
• an assessment;
• a photograph;
• an expert report;
• a damaged object.

You may also draw up a list of the people who, as witnesses, will help you prove your case, including their names and addresses. You are required to file this list with the clerk if you wish them to be called by way of a subpoena.

Your exhibits must be given to the clerk when you file your application or no less than 21 days before the date of the hearing.

Calculation of the 21-day time limit

You generally have 21 days to file documents at the court office. This time limit is not calculated in working days (Monday to Friday), but in calendar days (Sunday to Saturday). However, if the time limit ends on a Saturday or a holiday, it is extended until the next following working day.