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.

Who may represent a party in a smal claims court?

Section 26 of the Court of Justice Act provides that a party may be represented in a proceeding be a person authorised under the Law Society Act to represent the party. However, if the person is not licensed under the Law Society Act, the court may exclude that person from appearing on behalf of a party if the  court finds that the unlicensed person is not competent to properly represent the party or does not understand and comply with the duties and responsibilities of an advocate.

Example of licensed persons are lawyer and paralegals. Lawyer are the persons who have been called to the Bar of Ontario and are licensed to practise law in Ontario. Paralegals are non-lawyers agents who are licensed to provide legal services to clients for fee in Ontario.

Non-licensees may provide legal services to the public if they fall within any of the exemptions set out in By-Law4.s.30:

1. An individual who is employed by a single employer that is not a licensee or a licensee firm, who provides legal services only for and on behalf of the employer, and does not provide and legal services to any person other that the employer.

2. A law student who volunteers in or is completing a clinical education course at a student legal aid services society, provides legal services through the clinic's designated community only, and acts under the direct supervision of a lawyer.

3. Any individual whose profession or occupation does not include the provision of legal services or the practise of law: who provides legal services only occasionally for or on behalf of a related person , a friend, or a neighbour: and does not receive any form of compensation or benefit for providing those legal services.