What is the burden of proof and standard of proof in a certification application?
New Brunswick, Canada
The following excerpt is from Gay v. Regional Health Authority 7, 2010 NBQB 128 (CanLII):
The burden of proof and standard of proof in a certification application is on the plaintiff who must bring “some basis in fact” for each of the criteria set out in section 6(1)b to (e) of the CPA (see Hollick v. City of Toronto, [2001]3.S.C.R.158 paragraph 25) as well as the criteria that the pleadings disclose a cause of action.
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