What is the burden of disproof in a motor vehicle accident case?
Alberta, Canada
The following excerpt is from Bouchard (Estate of) v. Chalifoux, 2004 ABQB 877 (CanLII):
Section 180(1) of the Highway Traffic Act requires the defendant to prove lack of negligence for the accident. This is a burden of disproof that applies until the end of the case and is not discharged by proof that the plaintiff was negligent (Feener v. McKenzie, 1971 CanLII 181 (SCC), [1972] S.C.R. 525 at p. 544).
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