Does the burden of proof change when the trial judge reversed the burden?

British Columbia, Canada


The following excerpt is from Staley v. Squirrel Systems of Canada, Ltd., 2013 BCCA 201 (CanLII):

Whether the trial judge reversed the burden of proof is a question of law, to be determined on a correctness standard: Housen v. Nikolaisen, [2002] 2 S.C.R. 235, 2002 SCC 33.

Other Questions


In dealing with an application to change the venue of a trial, can the court change the date or venue of the trial? (British Columbia, Canada)
Is a trial judge's failure to give reasons sufficient to determine that the trial judge erred in appreciation of a relevant issue or application of the evidence? (British Columbia, Canada)
Can a summary trial judge make a finding that a matter is not suitable for disposition by way of summary trial during the hearing of the summary trial? (British Columbia, Canada)
Is there any case law where the trial judge used the same language as it used at bar as it did at trial? (British Columbia, Canada)
What is the meaning of the term “ original position” used by the trial judge at trial? (British Columbia, Canada)
Does objection to an observation by a judge at a jury trial in a murder case have any effect on the outcome of the trial? (British Columbia, Canada)
Is a trial judge bound to comment upon all the evidence at trial to support an expert testimony? (British Columbia, Canada)
What is the burden of proof for a plaintiff in a claim for loss of future earnings due to loss of income due to climate change? (British Columbia, Canada)
Can a learned trial judge reverse his previous ruling that a statement was voluntary? (British Columbia, Canada)
Can a judge quash a committal for trial if the presiding judge at the preliminary inquiry failed to observe a mandatory section of the Criminal Code? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.