What is the burden of proving that a plaintiff is entitled to an exception in a motor vehicle accident case?
Ontario, Canada
The following excerpt is from Dennie v. Hamilton, 2006 CanLII 35618 (ON SC):
The plaintiff bears the burden of establishing on a balance of probabilities that she is entitled to the exception: Meyer v. Bright (supra.) at pages 145 and 146. The permanent impairment of bodily function must of course have been caused by the accident, and the plaintiff must also have proven this on a balance of probabilities.
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