What is the test for establishing that a potential defendant is liable for loss of property?
Ontario, Canada
The following excerpt is from Longo v. MacLaren Art Centre, 2014 ONCA 526 (CanLII):
Certainty of a potential defendant’s responsibility for an act or omission that caused or contributed to the loss is not a requirement. All that is required is that the plaintiff has prima facie grounds to infer that the acts or omissions were caused by the identified parties. The establishment of prima facie grounds may or may not necessitate obtaining an expert report: Kowal v. Shyiak, 2012 ONCA 512. (iii) Application of Legal Principles
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