What is a material fact and what is an evidentiary fact?
British Columbia, Canada
The following excerpt is from Interville Development Limited Partnership v The Owners, Strata Plan BCS2313, 2017 BCSC 1947 (CanLII):
The distinction between a material fact and an evidentiary fact is discussed by K.J. Smith J.A. in Jones v. Donaghey, 2011 BCCA 6. A material fact is a disputed fact that, when resolved, will have legal consequences as between the parties to the dispute (para. 9). Mr. Justice Smith continued, at para. 18:
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