Using text messages as evidence in Ontario

Text messages can help explain an agreement, a complaint, or a promise to pay. Their value depends on context and reliability. Preserve the full conversation, the sender's identifying details, timestamps, and any attachments. A single favourable screenshot may leave out a later qualification or an earlier disagreement.

Save an export where available and retain the original device or account access. Organize relevant messages in date order and identify the issue each one supports. Consider how you will establish who sent the messages and whether any information needs protection. Follow the court's disclosure and filing requirements. Evidence that is easy to read and understand is more useful than a large collection of unexplained screenshots.

Messages should be presented in a form that lets the reader follow the exchange without guessing who is speaking. Include enough earlier and later messages to show context, while avoiding unrelated private conversations. If a contact is saved under a nickname, keep other information linking that contact to the relevant person. Explain any gaps in an export or change of device honestly. Translations, voice notes, disappearing messages, and photographs sent through a messaging app may require additional preparation.

Before using an exhibit, compare it with the original conversation and check that dates, amounts, and attachments are readable. Keep a simple index showing which issue each group of messages addresses. For example, one exchange may establish approval of a price change while another records a complaint about performance. Preserve messages that weaken your position too; deleting inconvenient material can make the record less reliable. Ask about confidentiality and settlement communications before placing an entire conversation into a publicly accessible court filing.

Sources

• Ontario guide to getting ready for court
• Rules of the Small Claims Court O Reg 258 98

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General Ontario legal information, not legal advice for your matter, and reading it does not create a retainer. Sources checked 15 October 2026: check the current law, forms and dates before you act.

Photos from Pexels: A judge's gavel and sound block · The Frontenac County Court House in Kingston, Ontario.

This article is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.