What is the burden of proof and what is the test to prove?
Ontario, Canada
The following excerpt is from Infant Number 10968 v. Ontario, 2006 CanLII 19946 (ON SC):
The court must undertake its analysis and reach its conclusions based on the record before it. It cannot consider what might have been put before it and cannot assume that a statutory provision has an effect that is not proved. (See:MacKay v. Manitoba, 1989 CanLII 26 (SCC), [1989] 2 S.C.R. 357, [1989] S.C.J. No. 88, at pp. 361 and 366 S.C.R. and Symes v. Canada, 1993 CanLII 55 (SCC), [1993] 4 S.C.R. 695, [1993] S.C.J. No. 131, at p. 763 S.C.R.) The burden of proof is on the applicant.
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