What is the burden of proving care or control of a truck?
British Columbia, Canada
The following excerpt is from Aitken v. British Columbia (Superintendent of Motor Vehicles), 2013 BCSC 363 (CanLII):
The issue is further refined to the question whether, at the time of the demand, the petitioner had “care or control” of his truck. On the review, the officer carried the burden of proving care or control on a balance of probabilities, see Lang v. British Columbia (Superintendent of Motor Vehicles), 2000 BCSC 1718, [2000] B.C.J. No. 2452 (S.C.) at para. 28.
"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 burden of proving that a plaintiff’s considered decision not to undergo spinal fusion surgery is a failure to mitigate? (British Columbia, Canada)
What is the burden of proving that a plaintiff has a right to a trial by jury? (British Columbia, Canada)
What is the burden of proving prejudice against a cricket association? (British Columbia, Canada)
What is the burden of proving a plaintiff can work? (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)
What is the burden of proving that a party to a child was not aware of the consequences of the child’s parents’ actions? (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 liability and quantum in a motor vehicle accident? (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 an allegation of under-employment? (British Columbia, Canada)
