Information identified as archived is provided for reference, research or recordkeeping purposes. It is not subject to the Government of Canada Web Standards and has not been altered or updated since it was archived. Please contact us to request a format other than those available.
3.4 Types of Evidence
It is not easy to categorize the kinds of evidence tendered in tribunals or admitted or considered by them. Evidence can be documentary, testimonial, or circumstantial; there is affidavit evidence, expert evidence, scientific evidence, physical evidence, representative evidence; also considered to be evidence are judicial notice, presumptions, admissions, confessions, etc.466 Citation 466
With direct evidence, the means (testimony, writings, admission, material evidence) is directly and closely linked with what one desires to demonstrate.467 Citation 467 Indirect evidence is evidence whereby the means (testimony, writings, etc.) may be used to infer what one desires to demonstrate.468 Citation 468 The common types of indirect evidence are hearsay, circumstantial evidence, similar fact evidence and factual presumptions.469 Citation 469 Circumstantial evidence involves the use of clues of time, place or people to infer a fact or an occurrence.470 Citation 470 Similar fact evidence involves presenting facts or situations that are comparable to the disputed fact.471 Citation 470