What is the standard of evidence required to establish an exclusion under the Rules of Civil Procedure?
British Columbia, Canada
The following excerpt is from Higgs v Lear, 2020 BCSC 194 (CanLII):
In Shih v. Shih, 2017 BCCA 37, the court commented on the need for “clear and cogent” evidence to establish the exclusion, particularly if documentation is not available:
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