What is the burden of proving against an unknown vehicle?

British Columbia, Canada


The following excerpt is from Clark v Insurance Corporation of British Columbia, 2022 BCSC 451 (CanLII):

The plaintiff bares the burden of proving on a balance of probabilities that they have met the requirements of s. 24(5) of the Act. Moreover, the obligation to make reasonable efforts to ascertain the identity of the owner or driver of the unknown vehicle is one that continues after the date of the accident: Nelson v. Insurance Corp. of British Columbia, 2003 BCSC 121.

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