What is the evidentiary onus of proof in a motion to set aside a restraining order?

Manitoba, Canada


The following excerpt is from Viner v. Viner, 2008 MBQB 130 (CanLII):

In Baril v. Obelnicki, 2007 MBCA 40, the court discussed the evidentiary onus of proof resting on the person wishing to set aside the protection order: ¶127 … Thus, the respondent must demonstrate, on a balance of probabilities, that it is just or equitable that the judge set aside the order. He may show among other possibilities that, on a balance of probabilities, full disclosure was not made or that the restraints on his liberty are unnecessary or too restrictive or that the stalking will not continue or based on the weight of the evidence at the review hearing the order should be set aside. In this way, the legislative regime is preserved while the legislative purpose is accomplished.

Other Questions


In what circumstances will a judge order a restraining order against a husband for a year? (Manitoba, Canada)
What is the standard of deference the court owes to a motion judge in reviewing an order of support? (Manitoba, Canada)
What is the current state of the law on a motion to review a previous support order? (Manitoba, Canada)
What is the test for a motion to set aside a noting of default? (Manitoba, Canada)
What is the test for "leave" in a motion to challenge a deportation order? (Manitoba, Canada)
What is the current state of the law on a motion of motion for personal injury? (Manitoba, Canada)
If an order is made without jurisdiction and rescinded by the Court of Appeal, is there a remedy for a motion to rescind it? (Manitoba, Canada)
What is the test for setting aside an order of without notice? (Manitoba, Canada)
What are the principles to apply in the context of a motion by a plaintiff to have his case considered on the merits of the motion? (Manitoba, Canada)
Can an order of costs be set aside if it is based on principle or is plainly wrong? (Manitoba, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.