What is the test for determining whether a plaintiff has met the onus of proof?
Alberta, Canada
The following excerpt is from Benoit v. Willy's Water Service (2001) Ltd., 2007 ABPC 277 (CanLII):
As we know, Fontaine v. British Columbia 1998 CanLII 814 (SCC), [1997] S.C.J. 100, has ended the res ipsa locquitur principle of law (see paragraphs 26 infra). This case turns on whether the Plaintiffs have met the onus of proof that rests upon them.
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