What is the test for establishing a reasonable chance of reconciliation?
Alberta, Canada
The following excerpt is from B.P.I. Resources Ltd. v. Merrill Lynch Canada Inc., 1989 ABCA 106 (CanLII):
In Davies v. Taylor, supra, the initial requirement of a reasonable chance was not established. The appellant in that case was attempting to claim damages as a dependant for the death of her estranged husband pursuant to English fatal accidents legislation. The appeal was dismissed as the appellant had not proved to the satisfaction of the trial judge that her expectation of reconciling with her husband was beyond the realm of conjecture. Clearly, the burden of proof was on her to produce evidence giving rise to a reasonable chance of reconciliation before that chance would be evaluated.
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