What are the expectations of a defendant as a responding party in a motion to evict a plaintiff from her home?
Manitoba, Canada
The following excerpt is from Allison Day v. Walter Chopek et al, 2006 MBQB 267 (CanLII):
The expectations of the defendant as moving party and of the plaintiff as responding party in such a motion was aptly summarized by Twaddle J. A. at para 10 in Somers Estate v. Maxwell, [1996] M.J. 46 (Man. C.A.) at para 10 as being that the moving party, the defendant, must . . . . . . prove the facts to be such that, prima facie the action fails in law. The burden then shifts to the plaintiff to prove facts which establish, if not the validity of the claim, at least a genuine issue for determination.
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