What is the test for determining whether a tenant can claim damages for non-payment of rent?
Saskatchewan, Canada
The following excerpt is from Weber v Gyurek, 2020 SKORT 1493 (CanLII):
The Tenants must prove their claims on the legal standard known as “a balance of probabilities.” This means a decision-maker must be satisfied there is sufficiently clear, convincing and cogent evidence to prove the claim in law and to prove the amount of the alleged loss. The onus rests on the party making a claim or assertion to prove it to this standard (see Hamilton v. Turner, 2018 SKQB 140 (CanLII)).
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