What is the standard of proof and what is the test for liability and damages?
Ontario, Canada
The following excerpt is from AVS Transport Inc. v van Ravenswaay et al., 2016 ONSC 3568 (CanLII):
I disagree. It has been clear since Snell v. Farrell, 1990 CanLII 70 (SCC), [1990] 2 S.C.R. 311 that the onus is on the plaintiffs throughout to prove liability and damages, and the standard of proof is the balance of probabilities.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does an alternate partially successful claim for compensation against his aunt 11 months after the date of a subsequent acknowledged liability of that subsequently acknowledged liability in a claim for damages arising out of a property valuation? (Ontario, Canada)
What is the standard of proof for assessing damages for loss or impairment of earning capacity? (Ontario, Canada)
What is a “new situation” for a defendant to withdraw an admission of liability for damages arising out of a motor vehicle accident? (Ontario, Canada)
Does a loss of profit or damages based on a increase in the capitalization ratio applied in the valuation of shopping centres after July 2004, or are there any potential losses or damages? (Ontario, Canada)
Can a landlord obtain damages from a tenant for damage caused to the roof of a residential unit where the tenant is no longer paying rent? (Ontario, Canada)
In what circumstances will a jury award damages for medical malpractice for a plaintiff who sustained long-term brain damage as a result of a motor vehicle accident? (Ontario, Canada)
What is the standard of review of a Minister's refusal to disclose records on a standard of correctness? (Ontario, Canada)
When dealing with punitive damages, when dealing with compensatory damages, does the court have a much greater scope and scope on appeal? (Ontario, Canada)
Is there any authority for the proposition that it is the standard of an ordinary, right-thinking member of society that is a reasonable standard of conduct for assessing the impact of an offensive statement? (Ontario, Canada)
What is the standard of proof required to prove compliance with the provisions of the Criminal Code Act? (Ontario, Canada)
