Is there any difference in the way the courts deal with alleged past events?

British Columbia, Canada


The following excerpt is from St. Jules v Cawley, 2021 BCSC 1775 (CanLII):

With respect, I cannot agree. The appellants’ submission conflates the way courts deal with alleged past events and the way courts deal with hypothetical events, past or future. This fundamental distinction was explained in Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458:

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