What is the burden of proving a material fact?
British Columbia, Canada
The following excerpt is from Nesbitt v. James Western Star Sterling Ltd., 2006 BCSC 473 (CanLII):
Once the false representation of a material fact has been shown, the evidentiary burden shifts to the defendant to show that the plaintiff was not induced by it (Wiebe v. Gunderson [2003] BCSC 1282).
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