Evidence & Witnesses
When you go to a Residential Tenancies hearing or Small Claims, both parties will have a chance to submit evidence and witnesses that can help them make their case.
Evidence can be any piece of information that you think would help you at your hearing. Good evidence includes papers, pictures, receipts, letters, and paperwork or written evidence that you think will help you prove your point. A timeline of events with the dates and times of conversations and the nature of those conversations are also allowed. Things like videos and recordings can also be submitted, but be mindful of the length and legality of the recording.
Witnesses are people who would help your case or verify that what you’re saying is true (e.g. if your landlord is trying to evict you for disturbing other tenants, you can ask other tenants to testify on your behalf). If you think there are people who could help with your case, ask them to testify. If they don’t want to, you can subpoena a witness to Small Claims Court and compel them to appear in court. More details on this process are on the Small Claims Court website.
-
The deadline to submit evidence and a list of witnesses for a Residential Tenancies hearing is at the top of the Form J (i.e. the first page of your Notice of Hearing). Sometimes the deadlines are different for the person who applied and the person who was served, sometimes they’re the same. If you need more time to submit evidence (e.g. you need a doctor’s note but can’t get it until after the deadline) you can contact the Residential Tenancies Officer (RTO) and ask for permission to enter the evidence late. It’s up to the RTO to decide whether you can submit the evidence or not
You can either submit evidence and a list of witnesses in person at Access Nova Scotia (for Residential Tenancies), online through the NS Online Service, or by emailing it to the RTO if you have permission to do so. Everyone involved should have a copy of the evidence before the hearing date, you cannot introduce new evidence during the hearing except by verbal testimony.
The other party will typically email you their evidence, but you can ask them to mail it to you or pick it up in person if you can’t access email.
Read more at the Residential Tenancy Program’s evidence policy.
-
The deadline for both parties to submit evidence and a list of witnesses to Small Claims is typically 5 days before the hearing date, but the adjudicator will tell you what date to submit evidence by at your pre-hearing. They will also tell you the acceptable method of service. Typically, evidence is served by Registered Mail or by Personal Service, but an adjudicator can give you permission to submit evidence via email.
Evidence must be served to the other party and to the court. To serve the court, drop off a copy of your evidence at the Small Claims Court office that the appeal was filed in. Everyone should have a copy of the evidence before the hearing date, and you cannot introduce new evidence during the hearing except by verbal testimony.
