What is the burden of proof in cases where the evidence of negligence is circumstantial?
British Columbia, Canada
The following excerpt is from Westshore Terminals Ltd. v. Sandwell Inc., 1999 CanLII 5748 (BC SC):
The burden of proof in cases where the evidence of negligence is circumstantial was discussed in Fontaine v. Leowen Estate (1998), 1998 CanLII 814 (SCC), 156 D.L.R. (4th) 577 (S.C.C.). Fontaine dealt with the doctrine of res ipsa loquitor, deciding that it has no application in negligence cases. The decision is useful, however, for its discussion of circumstantial evidence.
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