What is the test for establishing that a party advancing an action or defence must prove beyond a balance of probabilities?
Alberta, Canada
The following excerpt is from 1250810 Alberta Ltd. v. 1284768 Alberta Ltd., 2010 ABQB 125 (CanLII):
In accordance with Tottrup v. Clearwater (Municipal District) No. 99, a party advancing an action or defence must prove beyond a balance of probabilities all the facts that are required to support that action or defence. Where any of those facts are contested in a meaningful manner, then the matter should proceed to trial so that those facts may be tested and established.
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