What is the burden of proof in a residential tenancy action?
Saskatchewan, Canada
The following excerpt is from GSL Developments Ltd. v The Public Guardian and Trustee of Saskatchewan, as Official Administrator for the Estate of H.L., 2017 SKORT 27 (CanLII):
The initial question is whether the party making a claim has proven that the other party breached the Act, the tenancy agreement or the regulations. It is only if such a breach is proven that I can go on to consider what loss or damage resulted from the breach. The burden of proof as to whether there was a breach is the civil standard of proof, that is, proof on a balance of probabilities. The law says that proof on a balance of probabilities requires evidence that is clear, convincing and cogent: Boyer v. Kuntz, 2016 SKQB 400. Evidence
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