Hearsay.

The general rule with respect to hearsay evidence is that a witness is not allowed to repeat in court what there were told by a third party, if the reason for presenting the evidence is to prove the truth of the contents of the third party statement. It does not matter, how relevant the contents of statement are- its use is inadmissible if the person who made the statement is not there to give evidence to the court as to what he/she said.

Section 27 of the Courts of Justice Act states that at a hearing, a Small Claims Court judge may admit and act on any oral testimony ,documents , or other thing so long as it is relevant and not unduly repetitious, regardless of whether that evidence would be admissible in any other court. 

Any statutory rules with respect to evidence ( as set out in the Ontario Evidence Act) must be complied with s.27(3) and 27(4). In other words, in Small Claims Court, a hearsay evidence is admissible. The judge hearing the matter must decide how much weight, or credibility, to give the hearsay evidence. 

Section 27(5) provides that a copy of a document or other thing may be admissible if the trial judge is satisfied as to its authenticity.

The relaxed approach to evidence is in keeping with the general mandate of Small Clams Court to provide a forum where parties may have their proceedings resolved in a just, speedy. inexpensive manner. Where comparatively modest sums of money are involved, unsophisticated or self- represented parties should be able to present their case without being obliged to master complex rules of evidence.