What is the burden of proving that she was not a resident of B.C. for at least a year prior to the filing of her petition in this proceeding?
British Columbia, Canada
The following excerpt is from English v McCurdy, 2019 BCSC 96 (CanLII):
Accordingly, Ms. English bears the onus of proving that she was “ordinarily resident” in B.C. for at least a year prior to the filing of her petition in this proceeding on April 6, 2018 (for a divorce) and/or that she was “ordinarily” resident in B.C. at the commencement of this proceeding on April 6, 2018 (for corollary relief). The residency requirement need only be established for Ms. English, and not both parties, in order to find the necessary jurisdiction under the Divorce Act: Schlotfeldt v. Schlotfeldt, 2008 BCSC 678 at paras. 11-12; Ma v. Liu, 2014 BCSC 2391 at paras. 25-26.
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