What is the legal test for defective work?
British Columbia, Canada
The following excerpt is from Mitchell v. Smoliak, 2020 BCCRT 337 (CanLII):
23. The respondent says the applicant’s work was deficient. In a “defective work” case such as this, the ultimate burden of proof is on the party asserting that a breach has occurred: Lund v. Appleford, 2017 BCPC 91. The respondent must show that the applicant breached the standards expected of a competent mechanic.
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