What is the burden of proof on the prosecution on a section 810 application?
Newfoundland and Labrador, Canada
The following excerpt is from Basha v. Basha, 2008 CanLII 2964 (NL PC):
[25] In Miller v. Miller (1991), 87 Nfld. & P.E.I.R. 250 (N.L.P.C.), it was held that “the burden of proof on the prosecution on a section 810 application is not proof beyond a reasonable doubt but on a balance of probabilities.”
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