What is the factual evidence used in the defence in the context of Rule 40A?
British Columbia, Canada
The following excerpt is from Anderson v. Dwyer, 2009 BCSC 1872 (CanLII):
In this regard, I consider this kind of factual evidence to be analogous to those matters described by Madam Justice Garson as being "more in the nature of observations" as opposed to inferences having complex interpretive or diagnostic components when she described how their inclusion in records sought to be admitted as business records did not offend Rule 40A in Egli v. Egli, 2003 BCSC 1716 at para. 25 which was relied on by the defendant in submissions.
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