What is the burden of proof in determining the value of a box of misused goods?

Ontario, Canada


The following excerpt is from Switzer v. Switzer, 2021 ONSC 5760 (CanLII):

Both parties have the burden of proof to provide the court with evidence to allow the court to determine on a balance of probabilities the value of the contents. In determining the value, in my view, it is the fair market value of the contents at the date of separation and not the replacement value. In this case, while the parties have provided detailed lists, they do not agree on everything that existed at the time of separation, who has which item and what is the fair market value of each item. Further, neither party has provided evidence as to the date any item was purchased, its cost at the time and the condition of the item at separation. Neither party has provided any expert evidence. In Riebere v. Riebere, 2015 ONSC 1324, the court stated at paragraph 14:

Other Questions


If a property has been valued at a fair value after the date of a valuation date, can the value of the property change from its original valuation date to its current value? (Ontario, Canada)
What is the difference between the burden of proof and the evidential burden? (Ontario, Canada)
What is the test for determining whether causation can be drawn even in the absence of positive or scientific proof? (Ontario, Canada)
What is the burden of proof against a party who claims business expenses to reduce their income for child support purposes? (Ontario, Canada)
What is the burden of proof and what is the test to prove? (Ontario, Canada)
Is a wife entitled to a pro-rated portion of her income tax refund for the purposes of determining the value of her expenses? (Ontario, Canada)
What is the test for determining whether goods have reached their ultimate destination? (Ontario, Canada)
Does a case generating a "very good but not extraordinary result" for a claimant receive a cost premium for a very good result for the claimant? (Ontario, Canada)
What is the burden of proof against a party who is not a party to the birth of the child? (Ontario, Canada)
What is the burden of proof in a case involving the imputing of income? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.