What is the evidentiary burden of second stage policy analysis for a plaintiff?
Alberta, Canada
The following excerpt is from 783783 Alberta Ltd. v. Canada (Attorney General), 2009 ABQB 149 (CanLII):
For the second stage policy analysis, the onus of proof is reversed and ... once the plaintiff establishes a prima facie duty of care, the evidentiary burden of showing countervailing policy considerations shifts to the defendant, following the general rule that the party asserting a point should be required to establish it: Childs v. Desormeaux, 2006 SCC 18 at para. 130, [2006] 1 S.C.R. 643, per McLachlin C.J.C.
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