Where the onus of proof regarding intention rests under section 7(1) of the Health and Social Care Act?

Counsel were unable to provide any precedent to the court which would indicate where the onus of proof, regarding intention, rests under section 7(1)of the Act. The latest case law in Manitoba is the unreported decision of Mr. Justice Menzies in Halwas v. Halwas. In that case the court accepted evidence that the patriarch (the donor) of the family was an old fashioned chauvinist who would not willingly benefit women. Without specifying who bears the onus of proof under the said section the learned justice concluded the husband had proved that the donor did not intend to benefit the wife.