Is Sarbjit required to prove that re-apportionment is required as a matter of fairness?
British Columbia, Canada
The following excerpt is from Chahal v Chahal, 2018 BCSC 964 (CanLII):
The onus is on Sarbjit, as the party seeking a reapportionment in her favour, to prove on the balance of probabilities that re-apportionment is required as a matter of fairness: Mallen v. Mallen (1992), 65 B.C.L.R. (2d) 245 (B.C.C.A.) from the dissent of Mr. Justice Wood.
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