What is the test for establishing that there is cause for suspicion that the respondent may have set fire to the house?
Saskatchewan, Canada
The following excerpt is from Oystryk v Canadian Indemnity Co, 1969 CanLII 650 (SK CA):
I have reviewed the facts at great length. After having done so, I am in agreement with the conclusion arrived at by the learned trial Judge. While it may be contended on a review of all the pertinent facts that there are grounds for suspecting the respondent may have set the fire, such suspicion falls far short of meeting the onus that rested on the appellant of proving that fact by a balance of probabilities. Hanes v. Wawanesa Mutual Ins. Co., 1963 CanLII 1 (SCC), 36 D.L.R. (2d) 718, [1963] 1 C.C.C. 321, [1963] S.C.R. 154.
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