What is the burden of proving the Anns test?
Ontario, Canada
The following excerpt is from Haggerty v. Rogers, 2011 ONSC 5312 (CanLII):
The plaintiff bears the onus of proving the first stage of the Anns test: the existence of a duty of care, including both foreseeability and proximity. If this is met, the defendant bears the onus of proving any counter-veiling policy considerations. Childs v. Desormeaux, supra at para 13.
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