Saturday, December 15, 2012

Misapprehension of evidence

Habib v. Mucaj, 2012 ONCA 880 deals with setting aside a default based order and considers misapprehension of evidence:

[4]          It is well settled that a misapprehension of evidence may involve a failure to take into account an item or items of evidence relevant to a material issue, or it may have to do with a mistake about the substance of the evidence.  A misapprehension of evidence may also reflect a failure to give proper effect to evidence: R. v. Mahmood, 2011 ONCA 693, at para. 46.

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