EVIDENCE
In a small claims court trial, cases may be conducted in a more relaxed manner. Consequently, the judge may ask the parties to explain their cases, respond to each other, and call witnesses. The judge may also receive evidence in any manner he considers appropriate.
There are different types of Evidence:
- Oral Testimony of Witnesses:
This is the evidence a person gives verbally in the witness box under oath or affirmation. It is testimony about what the witness knows to be true regarding some or all of the issues in the case. The testimony must be based on the personal knowledge of the witness and not from what someone else told them, which is known as hearsay.
The plaintiff presents their case first by calling their witness and asking them questions. After the testimony of each of the witness, however, the defendant is allowed to cross-examine the witness in order to clarify or challenge the evidence presented. Cross-examination is conducted by asking questions without arguing with the witnesses.
Following the defendant’s cross-examination, the plaintiff is permitted to conduct a re-examination to clear up any ambiguities that might have arisen during the cross-examination. The same cycle of examination of witnesses applies to witnesses called by the defendant. Once allevidence has been received by the court, the parties proceed to make final submissions to persuade the judge that, based on the evidence and all, their case is more probable than the opposing party’s case.
- Documents (Photographs, Diagrams, Cheques, Letters, etc.):
These are various documents tendered as evidence, called “exhibits” once admitted as evidence before the court. To have a document entered as evidence at trial, a party must tender it through a witness. The document must be identified by a witness who can explain it, establishing its relevance and admissibility. The only exception to this requirement is when there has been a specific agreement among all parties regarding the documents to be used as evidence. In such an instance, the documents may simply be handed to the judge at trial.
Also,documents tendered must be original unless there is a valid reason the original is unavailable. A copy may also be tendered if there is an agreement between the parties to use a copy. It should, be noted, however, that regardless of any agreement between the parties, the ultimate decision as to admissibility of a document rests with the judge.
- Real Evidence
This is an object introduced as an exhibit at trial. It includes items which are small enough to be handled in court, such as samples of materials or a product which is the subject matter of the case. It also includes items that cannot be easily brought to court or safely handled and stored. Photographs of such items can be taken and used as evidence instead. However, the witness through whom the photograph is introduced must be able to confirm that they took the photo or that it accurately represents an object or matter they observed at a particular time. Importantly, the same requirements for witness identification and explanation that apply to documents also apply to real evidence.
APPEAL
Where a party is not satisfied with the decision, they may appeal to the Supreme Court of Newfoundland and Labrador (General Division), as both the plaintiff and defendant have the right to do so.
If, after a decision of the supreme court of Newfoundland and Labrador, either party remains dissatisfied, they may appeal to the Court of Appeal and, if necessary and with leave, to the Supreme Court of Canada.
It is important to note that an appellant must give written notice of the appeal within 30 days of the judgment or order, to both the court and the other parties in the proceeding.
DISCLAIMER: The above blog post or any other blog post on this website do not constitute legal advice. It is only intended to provide general information on the subject matter and does not by itself create a client/attorney relationship between readers and the author or serve as legal advice. If you need specific legal advice, contact a lawyer.
