What is the test for proving unskilability, carelessness or lack of knowledge?
Ontario, Canada
The following excerpt is from Zarubiak (Estate) v. Luce, 2017 ONSC 1627 (CanLII):
The plaintiffs bear the onus of proving unskilfulness, carelessness or lack of knowledge: Stell v. Obedkoff, [2000] O.J. No. 4011 (S.C.J.) at para. 203
"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
Is there a rebuttable presumption of knowledge of a client's knowledge of an order? (Ontario, Canada)
What is the legal burden of proving due execution, knowledge and approval and testamentary capacity in a will? (Ontario, Canada)
Does a defendant have to prove their intention to set the vehicle in motion to be found guilty of careless driving? (Ontario, Canada)
If a deponent has no actual knowledge of the facts, can he seek undertakings or person with knowledge? (Ontario, Canada)
What is the burden of proving a cause of action against a defendant prior to the statutory limitation period? (Ontario, Canada)
Is imputed knowledge imputed when a member of the Law Society of Upper Canada is involved in a fraudulent transaction? (Ontario, Canada)
What is the burden of proving an employee was wrongfully dismissed? (Ontario, Canada)
What is the test for proving intent to defeat or delay creditors? (Ontario, Canada)
In what circumstances will the Crown not have to prove that the road was slippery, or that visibility was poor or slippery? (Ontario, Canada)
What is the evidentiary burden of proving badges of fraud? (Ontario, Canada)
