Is there any case law supporting the proposition that there must be a subjective belief by the tribunal of the fact?
British Columbia, Canada
The following excerpt is from Vista Leadership Inc. v. Pilon, 2021 BCPC 320 (CanLII):
Sopinka in s. 5.53 at footnote 135 goes on to cite Dixon J. in Briginshaw v. Briginshaw (1938), 60 C.L.R. 336 at paragraphs 361-362 (H.C.A.) for the proposition that there must be a subjective belief by the tribunal of the fact, expressed in the following words: The truth is that, when the law requires the proof of any fact, the tribunal must feel an actual persuasion of its occurrence or existence before it can be found…
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