DCC 4119 Study Guide - Final Guide: Small Claims Court, Judicial Notice, Best Evidence Rule

• School: University of Ottawa
• Department: Droit (Certificat)
• Course: DCC 4119
• Professor: Louis- Charles Sirois

Document Summary

Judge judy: but what happens in business, they go to regular court, not small claims court, need to prove you have a case using the rules of evidence, conclusion: get it in writing!! General process: takes place in front of a judge, plaintiff speaks first the one that is complaining. Rule 1: the person who claims must prove, s. 2803, the burden of proof (onus) is on the plaintiff to prove what they are claiming. Rule 2: you have to prove on the balance of probabilities (reasonable probability, s. 2804, business law is civil law, it has to be reasonably probable that something happened or did not happen (51%) Rule 3: good faith is to be presumed, s. 2805, we have to assume that everyone is being truthful, if you believe someone to be lying, you have to prove it.