What is the burden of proving on a balance of probabilities to a police officer in a residential unit?
Ontario, Canada
The following excerpt is from Wynter v. Toronto Police Services Board, 2018 ONSC 3271 (CanLII):
The officers have the onus of proving on a balance of probabilities that they satisfy the third branch of the test as articulated in Wilsdon v. Durham: that in securing the premises and the occupants of the apartment, they did not use unnecessary force.
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