When will a court infer liability for tortfeasor's actions?
Ontario, Canada
The following excerpt is from Borrelli v. Chan, 2018 ONSC 1429 (CanLII):
When the plaintiff adduces evidence connecting the defendant’s tortious conduct to the injury suffered, it is appropriate for the court to infer the defendant’s liability for these injuries in the absence of a credible explanation by the defendant. Evidence is to be weighed according to the proof which it was in the power of one side to have produced and in the power of the other to have contradicted: Blatch v. Archer (1774), 98 E.R. 969, at p. 970.
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