What is the burden of proving that a plaintiff has the ability to pay costs in a personal injury action?
British Columbia, Canada
The following excerpt is from Wong v. Huang et al., 2004 BCSC 848 (CanLII):
The onus lies on the defendants to establish that the plaintiff does not have the ability to pay costs: Lafleur v. Murphy, 2001 BCSC 736. The defendants have not discharged that burden. The absence of an affidavit setting out the proposed costs is also fatal to the defendants' application.
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