What is the test for a defendant to rebut the prima facie case?

Ontario, Canada


The following excerpt is from Mahamba v Bwenge, 2017 ONSC 3260 (CanLII):

The defendant can rebut the prima facie case where the defendant can show that there is another reason to deny recovery. At this stage of the analysis, the court can look to all of the circumstances of the transaction in order to determine whether there is another reason to deny recovery. (Garland v. Consumers’ Gas Co., at para. 45.) As part of the defendant’s attempt to rebut, the court should have regard to the reasonable expectations of the parties and public policy considerations. (Garland v. Consumers’ Gas Co., at para. 46.) Absence of Juristic Reason

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