R. v. Wildman

[1984] S.C.J. No. 43

Reasons

SCC

"Law is commonly divided into substantive law, which defines rights, duties and liabilities; and adjective law, which defines the procedure, pleading and proof by which the substantive law is applied in practice. ... The rules of procedure regulate the general conduct of litigation; the object of pleading is to ascertain for the guidance of the parties and the court the material facts in issue in each particular case; proof is the establishment of such facts by proper legal means to the satisfaction of the court, and in this sense includes disproof. The first-mentioned term is, however, often used to include the other two." R. v. Wildman, [1984] 2 S.C.R. 311 at para. 47, citing with approval from Phipson on Evidence, 13th ed. 1982, at p. 1.