What is the burden on an applicant to prove that they have met the criteria set out in Davies?
British Columbia, Canada
The following excerpt is from Cutts v. Alterra Property Group Ltd., 2015 BCCA 262 (CanLII):
The fifth question encompasses the other four questions and states the decisive question: Davies at 260. The interest of justice is not a factor that is to be applied independently of the other factors set out in Davies: Perren v. Lalari, 2009 BCCA 564 at para. 33, 99 B.C.L.R. (4th) 80. The burden is on the applicant to show that the criteria are met: Westsea at para. 7.
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