Proving Facts

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Introduction

There are several ways that facts can be established. The predominant manner of establishing fact is through evidence. In fact, almost all manners of proof require some amount of evidence and the real distinction is the proximity of the evidence to the fact at issue.

Facts are established by:

  1. Direct Evidence
  2. Circumstantial Evidence and Inferences
  3. Legal Presumptions
  4. Judicial Notice
  5. Admissions of Fact

Standard of Review

See also: Standard of Appellate Review

Findings of fact are to be reviewable by a higher level on a standard of palpable or overriding error.[1] This standard remains the same even for findings of legislative or social fact.[2]

  1. See Standard of Appellate Review#Question of Fact
  2. Canada (Attorney General) v Bedford, 2013 SCC 72 (CanLII) at paras 48 to 53

Topics

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