What is the test for a plaintiff to have to prove that there is insufficient relevant evidence to support its claim?
Manitoba, Canada
The following excerpt is from Campeau v. Imperial Life, 2005 MBCA 148 (CanLII):
58 See also the comments of Kroft J.A. in Andronyk v. Klimchuk, [2000] M.J. No. 92 (QL) (at para. 6): A plaintiff must prove its claim. Where there is a paucity of relevant evidence a court cannot simply wash its hands of the matter. It must do its best on the material available. Having said that, the plaintiff must accept that where it has not adduced the evidence that might have been expected, then he has only himself to blame if the assessment is lower than hoped for. In such a situation there will inevitably be an element of arbitrariness to a court’s decision.
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