Wednesday, September 18, 2013

Evidentiary sufficiency as opposed to absence of evidence is a question of fact

Jai Inder Singh Sandhu et al. v., 2013 MBCA 82 :

[5]                 While it is trite to say that a finding of fact made in the absence of any supportive evidence is an error of law, I have not been convinced that is what happened in this case.  After considering the material filed, including the supplemental motion briefs, and the submissions of counsel, I have been persuaded, for the reasons which follow, that the issue raised by the applicant relates to one of evidentiary sufficiency as opposed to one of absence of evidence.  The issue raised is therefore not a question of law or jurisdiction.

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