What are the material facts in a personal injury case?
British Columbia, Canada
The following excerpt is from Hyvarinen v. Burdett, 2012 BCSC 1034 (CanLII):
As explained in Przybysz v. Crowe, 2011 BCSC 731, at para. 45 and Gorse v. Straker, 2010 BCSC 119, at para. 53, material facts are those which the plaintiff must establish in order to succeed, and any fact that the defendant must prove in order to make out his defence, including facts which although not themselves in issue, are relevant in the sense that they prove or render probable the past, present or future existence (or nonexistence) of any fact in issue.
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