SOURCES OF THE QUEBEC LAW OF EVIDENCE IN CIVIL AND COMMERCIAL MATTERS

Abstract

The basis of the Quebec rules of evidence in civil matters is the old French law; the basis of the evidence rules in commercial matters is the English law. The author believes it is uneconomic and inconvenient to have two separate systems, both of which often must be considered in a single case. To argue for one set of rules applicable to all cases in Quebec courts, he undertakes a historical survey of the evolution of the rules of evidence to show that the rules included in codification were based on objectives and intentions that are inconsistent with current trends and confused the system.