What is the burden of proving that a motor vehicle was insured under a contract of automobile insurance at the material time?

Ontario, Canada


The following excerpt is from R. v. Correia, 2015 ONCJ 276 (CanLII):

[18] Accordingly based upon the proposition of law stated in both Regina v. Stone and Regina v. Zachariou, the provisions of subsection 47(3) of the P.O.A. apply to the issue of the proof of whether the subject motor vehicle was insured under a contract of automobile insurance at the material time. That subsection reads as follows: The burden of proving that an authorization, exception, exemption or qualification prescribed by law operates in favour of the defendant is on the defendant, and the prosecutor is not required, except by way of rebuttal, to prove that the authorization, exception, exemption or qualification does not operate in favour of the defendant, whether or not it is set out in the information.

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