What is the burden on an applicant to prove that they have met the criteria?
British Columbia, Canada
The following excerpt is from Bennett v. Bennett, 2021 BCCA 438 (CanLII):
The fifth factor—whether it is in the interests of justice—is the overriding question, and it encompasses the first four questions: Davies at 260–261. The burden is on the applicant to establish that the criteria are met: Rapton v. British Columbia (Superintendent of Motor Vehicles), 2011 BCCA 71 at para. 19.
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