Yukon Small Claims Court Evidence: What to Bring to Your Hearing

The Evidence Rules Are Simpler Than You Think

Yukon's Small Claims Court operates under relaxed evidence rules compared to the Supreme Court. Under Section 7 of the Small Claims Court Act, the judge can admit any oral testimony or documentary evidence that's relevant to the dispute—even evidence that might be excluded under strict common law rules. The judge still has discretion to exclude anything repetitive or unreliable, but the threshold for getting evidence in front of the court is lower than in most other forums.

That doesn't mean anything goes. Your evidence needs to be relevant, organized, and credible. A stack of random papers dumped on the table won't help your case.

What to Collect

Build your evidence binder around whatever supports your defence. Depending on the dispute, that might include:

• Written agreements — contracts, leases, work orders, purchase agreements, bills of sale
• Financial records — invoices, receipts, cancelled cheques, bank transfer confirmations
• Photographs and video — dated images of defective work, damaged property, the condition of goods before and after
• Written communications — text messages, emails, letters between you and the plaintiff, organized chronologically
• Expert material — repair estimates, inspection reports, appraisals, technical assessments
• Third-party records — insurance correspondence, government notices, business registration records

If you paid the plaintiff any amount, your proof of payment is critical. A bank statement showing the transfer is harder to dispute than a verbal claim that you paid cash.

Organizing for the Hearing

At the pre-trial conference, the judge typically sets a deadline for both sides to exchange all documents they plan to use at trial. Comply with this deadline—showing up with surprise evidence that the other side hasn't seen can get it excluded.

For the hearing itself, prepare three copies of each document: one for you, one for the judge, and one for the plaintiff. Organize them in a logical order—chronological works for most disputes. Number each page or tab so you can direct the judge to specific items without shuffling through papers.

Witnesses

If someone can testify about what happened—a neighbour who saw the contractor abandon the job, a mechanic who inspected the car you're being sued over—they can appear voluntarily at the hearing. Ask them early and confirm the date.

If a witness agrees to come, they simply show up. If they refuse or need formal authorization from an employer, you'll need a Form 17 Summons to Witness from the court registry. Serve it personally on the witness well before the trial date, along with statutory witness fees and travel allowances. A witness who's been properly summoned and doesn't appear can be compelled by the court.

How the Hearing Works

The trial follows a structured sequence:

1. Opening statements — both sides give a brief overview of their position
2. Plaintiff's case — they present their evidence and call witnesses; you can cross-examine each witness
3. Defendant's case — you present your evidence and call witnesses; the plaintiff can cross-examine
4. Closing summaries — both sides sum up what the evidence showed

The judge may ask questions throughout. After closing submissions, the judge either announces a decision immediately or reserves judgment and delivers written reasons later.

If you need to attend from a remote community, apply via Form 08 for permission to appear by video conference or telephone.

The Responding to a Small Claim in Yukon guide includes an evidence organizer template that helps you catalogue and cross-reference every piece of evidence against the plaintiff's specific allegations.

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