What is the test for determining who bears the onus of proof in a civil case?
British Columbia, Canada
The following excerpt is from 338186 B.C. Ltd. v. British Columbia (Small Business and Revenue), 2010 BCSC 231 (CanLII):
The rationale behind the policy that the taxpayer bears the onus of proof is that the facts are more within the taxpayer’s knowledge and the state must rely on the taxpayer’s disclosure: Trac v. British Columbia, 2007 BCCA 60 at para. 24, 61 B.C.L.R. (4th) 359.
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