What is the difference between facts and evidence in a medical malpractice case?
Alberta, Canada
The following excerpt is from Brandner v Alberta (Justice & Solicitor General), 2014 ABQB 211 (CanLII):
The line between facts and evidence is not always clear. The latter can create the former. For example, in Hildebrand, the plaintiff was arguably unaware of the alleged fraudulent misrepresentation until she received the report of the Receiver. In a different situation, a report can simply be evidence of facts already known: Gehan v. South Australian Meat Corporation (S. Aust. S.C.) BC9200480 at 20.
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