What is the test for establishing that there is no evidence supporting the presumption of absolute rule of law?
Ontario, Canada
The following excerpt is from Chippewas of Saugeen First Nation et al. v. The Attorney General of Canada et al., 2021 ONSC 4181 (CanLII):
Regularity is presumed until the contrary is proven. The party trying to rebut the presumption bears the onus to prove that an irregularity has occurred: The Law of Evidence in Canada, at paras. 4.64-4.66; Martselos v. Salt River First Nation 195, 2008 FC 8, [2008] F.C.J. No. 13, at paras. 26-28, aff’d, 2008 FCA 221, [2008] F.C.J. No. 1053.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for establishing there is no evidence to establish collusion? (Ontario, Canada)
Is it reasonable to impute income to the support payor for the purposes of child support and retroactive child support? (Ontario, Canada)
Is there any case law where the defence called no evidence to support the presumption of negligence in a motor vehicle accident case? (Ontario, Canada)
In determining that the contents of the cigarette package was tobacco processed in the form of cigarettes, and in the absence of any evidence supporting that tobacco products contained in the cigarette box contained tobacco, does the prosecution need to call expert scientific evidence? (Ontario, Canada)
What is the test for adduce evidence in support of a temporary spousal support claim? (Ontario, Canada)
What is the test for using the word "similar fact evidence" in a motion where the evidence is not the same fact evidence? (Ontario, Canada)
What evidence has been given in support of a reduced spousal support application? (Ontario, Canada)
Does the term "support order" need to be changed to include "support orders" in the definition of a support order? (Ontario, Canada)
What evidence can be relied on to establish frustration? (Ontario, Canada)
In what circumstances will the court order interim support on a motion for spousal support? (Ontario, Canada)
