What is the onus of a party to prove that there is an election irregularity?
British Columbia, Canada
The following excerpt is from Duperron v. School District No. 53 (Okanagan Similkameen), 2017 BCSC 20 (CanLII):
There is no ambiguity in the law about where the onus lies on this last issue. If an irregularity exists it is for the respondent to demonstrate that the irregularity did not materially affect the result of the election: see Sadler v. Town of Gibsons, 2009 BCSC 138 at paragraphs 62 and 70.
"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 proving that a party is not a party to a claim of family debt? (British Columbia, Canada)
Does the law of agency apply when one party gives explicit or implicit authority to another party (the principal) to enter contracts with third parties? (British Columbia, Canada)
Can a party recover in restitution where another party has been unjustly enriched at that party's expense? (British Columbia, Canada)
What is the burden of proving an election was not conducted in accordance with the Elections Act? (British Columbia, Canada)
What is the test for a party to prove that they have a right to use the same material as the other party? (British Columbia, Canada)
Does a successful party have the right to claim special costs when the successful party is in a relationship with an opposing party? (British Columbia, Canada)
What is the effect of the intention or understanding of a party to a transaction where a party intended to transfer a vehicle to another party? (British Columbia, Canada)
What is the standard of evidence used to prove the intention of a party to a transferor? (British Columbia, Canada)
If a party can have challenged a foreign court’s procedural defects in that foreign proceeding, can that party collaterally attack the foreign procedural process before the Canadian court at the enforcement stage? (British Columbia, Canada)
What are some cases where a court has considered a party’s contributions to the calculation of the parties’ respective financial contributions in dividing the proceeds of sale? (British Columbia, Canada)
