What is the burden of proof for a property to prove it is unique?
British Columbia, Canada
The following excerpt is from Lalani v. Wenn Estate, 2010 BCSC 1995 (CanLII):
It is not disputed that the burden of proof is upon the plaintiffs to demonstrate that the property is unique. Whether the property is unique is a question of fact to be decided on the circumstances of the case. See Taberner v. Ernest & Twins Developments, 2001 BCSC 367 at paragraph 4.
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