Does the applicant have the onus to prove that they have the right to sue for damages?
Ontario, Canada
The following excerpt is from Cusimano v. Toronto (City), 2011 ONSC 2527 (CanLII):
Ultimately, on the facts of this case, who has the onus was not a material issue. Based on O’Brien v. Hamel, the onus, if on the applicants, has been satisfied.
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