COVID-19: The importance of preserving evidence

Written by Philippe Lachance

The unique circumstances that we are currently experiencing will no doubt create disagreements, which could eventually result in court litigation. Therefore, in all your business relationships, vigilance is of utmost importance: create and preserve your evidence!

For example, whether in a landlord-tenant, employment or service contract context, it is important to anticipate your actions and to act in such a way as to gather documented evidence to support your claims. Essentially, this means:

(i) giving preference to written exchanges;

(ii) safeguarding your relevant documents, including contracts, invoices, purchase orders, photos, etc.; and;

(iii) keeping track in writing, as things progress, of a summary of events.

It should also be noted that, according to articles 20 and 251 of the Code of Civil Procedure, you have the obligation to preserve all evidence. This is very important because once your dispute is before the courts, you will have to discharge the burden of proof that is incumbent upon you, which may at times be very challenging.

In order to avoid the situation from escalating and a legal dispute becoming unavoidable, consult a member of our litigation team.

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