canada small-claims-court witnesses confidentiality
In general should court documents not be disclosed?
<p>I am in Canada and have brought a dispute to the Civil Resolution Tribunal. The defendant has replied. He claims that there are several people (who I know) who are prepared to corroborate his side of the story. I would not be hard for me to get in touch with these people and ask if it is true, that they are planning on getting involved in the dispute. Should I do this? Can I present them with the document where the defendant claimed they would corroborate his story? </p>

<p>By the way, in this context what's the difference between corroborate and testify? </p>

<p>I am not knowledgeable of the Canadian judicial system(s) and I can only speak based on my litigation experience in the US.</p>

<p>It seems very unlikely to me that court filings for the type of claim(s) you are pursuing are confidential or sealed. Thus, other than an actual knowledge of Canadian laws indicating the contrary, presenting them the document(s) is fine from the standpoint of procedural law.</p>

<p>Regardless of Canadian laws in that respect, showing to potential witnesses --especially in the case of adverse ones-- the court documents <em>prematurely</em> might be detrimental from a tactical/strategic standpoint. Keep in mind that your records and any statements you make when speaking to them might give them and the defendant the opportunity to fine tune a perjured testimony for when they are called to testify. Many witnesses lie even when they are under oath.</p>

<p>Instead, you should focus on how you will examine their testimony when they are called to testify. For instance, think of the follow-up questions you should make, be it to support your claims or to lead them to inconsistencies in the event that they indulge in perjured testimony.</p>

<p>It is possible that the defendant will make very narrow questions to his witnesses so as to merely "corroborate" his allegations. By contrast, your job will be to make them elaborate on --or testify beyond-- defendant's very narrow questions to the extent that their testimony (or answers thereto) is (are) relevant to your matter.</p>
