What is the test for rebutting a statutory presumption?
Northwest Territories, Canada
The following excerpt is from Elleze v Norn, 2020 NWTSC 3 (CanLII):
A party with the onus of rebutting a statutory presumption must prove the existence or non-existence of the presumed fact to a balance of probabilities: Humphreys v. Trebilcock, 2017 ABCA 116.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the legal presumption in favour of the custodial parent in a custody matter? (Northwest Territories, Canada)
What is the applicable standard of review in a statutory appeal from an administrative tribunal or decision maker? (Northwest Territories, Canada)
What factors must a court consider in its consideration of a spousal support application? (Northwest Territories, Canada)
What is the legal test for a party to be released from an undertaking? (Northwest Territories, Canada)
Is there a cause of action against the government for damages for undue considerations? (Northwest Territories, Canada)
Is there any evidence that the Respondent is unemployed or under-employed due to the needs of the Children or any other minor child? (Northwest Territories, Canada)
What is the purpose of section 23 of the Charter of Canada and what is the impact of it on minority language education? (Northwest Territories, Canada)
Does a motion to strike out part of a statement of claim involve a single defendant? (Northwest Territories, Canada)
What is the test for "arbitrarily" breaching a contract? (Northwest Territories, Canada)
In what circumstances will the court award solicitor and client costs? (Northwest Territories, Canada)
