What is a material fact and what is the test for proving it?
Manitoba, Canada
The following excerpt is from Clifford v. Her Majesty the Queen et al, 2014 MBQB 192 (CanLII):
A “material fact” means “facts which must be proved in order to establish a cause of action.” (see, for example, Millington v. Loring (1880), Q.B.D. 190 (UK Q.B.) at 194): “…Black’s Law Dictionary defines “cause of action: as “a group of operative facts giving rise to one or more bases for suing; a factual situation that entitles one person to obtain a remedy in court from another person.” (b) Motions to strike
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