What is the burden of proving that there is insufficient evidence to dispel suspicion?

British Columbia, Canada


The following excerpt is from Woodward v. Grant, 2007 BCSC 1192 (CanLII):

Since the suspicious circumstances may relate to various issues, in order to properly assess what effect the obligation to dispel the suspicion has on the burden of proof, it is appropriate to ask the question “suspicion of what?”: see Vout v. Hay, supra, at para. 25.

Other Questions


What is the difference between a no evidence motion and an insufficient evidence motion? (British Columbia, Canada)
Can a claimant who has failed to provide income tax returns, other specific evidence of her financial circumstances, or evidence that her health disabled her from working, prove need? (British Columbia, Canada)
Is a plaintiff required to lead expert evidence to overcome a no evidence motion? (British Columbia, Canada)
When there is little or no objective evidence of continuing injury in the context of a claim for damages arising from a motor vehicle accident, does the claimant have to prove that there is a continuing injury? (British Columbia, Canada)
What evidence is required to prove the purpose of the legislation is to infringe aboriginal rights? (British Columbia, Canada)
What is the burden of proving a plaintiff can work? (British Columbia, Canada)
What is the burden of proving that Victoria is a child of the marriage to the Respondent? (British Columbia, Canada)
What is the burden of proving liability and quantum in a motor vehicle accident? (British Columbia, Canada)
What is the legal burden to prove the knowledge and approval of the testator in a will? (British Columbia, Canada)
What is the burden of proving a transfer of funds to a different party when the transfer is not a gift? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.