What is the test for establishing a prima-facie case?

Saskatchewan, Canada


The following excerpt is from Gunderson v. Rural Municipality of Calder, 1922 CanLII 182 (SK CA):

And in Jamieson v. Edmonton, 1916 CanLII 615 (SCC), 54 S.C.R. 443, [1917] 1 W.W.R. 1510, at p. 1519, Mr. Justice Duff said: It is also strictly unnecessary to pass upon the question whether or not the plaintiff by proving the existence of the nuisance thereby establishes a prima-facie case; although, as it is quite evident that the legislature in passing the enactment has assumed that in the ordinary course highways can be kept in a reasonable state of repair by the exercise of such diligence as may properly be expected from the municipality, there seems to be sufficient ground for holding that proof of the existence of a nuisance does itself constitute a prima-facie case throwing upon the municipality the burden at least of going forward with evidence.

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