What is the test for making a finding of fact for which there is no supporting evidence?
Ontario, Canada
The following excerpt is from 2293611 Ontario Inc. v JSegal Holdings Limited, 2016 ONSC 7577 (CanLII):
It is an error of law to make a finding of fact for which there is no supporting evidence: Shulte v. The Queen, 1985 CanLII 20 (SCC), [1985] 2 S.C.R. 592 at p. 604. However, so long as there is some evidence capable of supporting the conclusion, the issue is not subject to review as a question of law. This court on appeal is not to weigh or evaluate the evidence, or the sufficiency of evidence which has some probative value: the only issue which may be reviewed on appeal is whether there is some evidence.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When will the court make a finding of fact or finding of not finding fact in a personal injury case? (Ontario, Canada)
What evidence does the HRTO have to support a finding of prima facie discrimination? (Ontario, Canada)
Is it reasonable to impute income to the support payor for the purposes of child support and retroactive child support? (Ontario, Canada)
What is the likelihood of making a support claim for a person who is no longer dependent on the support system in his or her own time? (Ontario, Canada)
What is the test for using the word "similar fact evidence" in a motion where the evidence is not the same fact evidence? (Ontario, Canada)
What is the test for adduce evidence in support of a temporary spousal support claim? (Ontario, Canada)
What evidence has been given in support of a reduced spousal support application? (Ontario, Canada)
Does the term "support order" need to be changed to include "support orders" in the definition of a support order? (Ontario, Canada)
In determining that the contents of the cigarette package was tobacco processed in the form of cigarettes, and in the absence of any evidence supporting that tobacco products contained in the cigarette box contained tobacco, does the prosecution need to call expert scientific evidence? (Ontario, Canada)
When there are two opposing expert opinions in a medical malpractice case, is it appropriate for a motions judge to weigh evidence and make findings of credibility? (Ontario, Canada)
