When would I need evidence?
After a negative experience, regardless of what actions you want to take or how you plan to deal with the problem, evidence is essential. For example:
- a broken toilet which the landlord has not fixed
- being verbally or physically abused
- not being paid minimum wage
- being discriminated against
- any type of accident you have been involved in
Types of Evidence
Various types of evidence exist and can include:
- identifying notes
- pictures and videos
- witnesses and their statements
- medical reports
- police reports
- estimates (e.g. clothing or furniture repair costs)
Identifying Notes
Right after the incident, write down all the details you can remember, including:
- date and time
- location
- all details of what happened
- witnesses names and contact information
- appearance of the person – height, hair style, weight, markings on their body, etc.
Witnesses
- Get the name, address, phone number, and email address of anyone who saw the incident.
- Ask any witnesses to write down what they saw right away so they don’t forget the details (make sure they date and sign their notes)
- Make a copy of the witnesses’ notes. Ask the witness to keep one copy, and keep one for you.
Medical Records
- If injured (even a scrape or bruise), have a doctor examine the injuries
- Tell the doctor what happened (all injuries) and that you need a copy of his or her notes
- Ask the doctor to photocopy the notes taken during the appointment so they can be used in the case
- Keep receipts if medical service was paid for
- If injuries don’t get better or get worse, keep going back to the doctor to document them
Pictures and Videos
- It is best to use a camera that puts a date on the images
- It could be a picture or recording of the injury caused to the body or property, or the place where the problem happened
- Take pictures from a few different angles of the area where the problem happened
- Take pictures of all the injuries (it is best if the person taking the pictures can come to court / tribunal)
- Ask any nearby stores or businesses if they have a security camera (do this quickly because some are destroyed within 24 hours). Write a dated, signed letter asking them to save the tapes and explain why. Keep a copy of the letter for your records.