What is the burden of proving that the coffee maker was not left in proper working order?
British Columbia, Canada
The following excerpt is from Chen v. Pisiak, 2021 BCCRT 695 (CanLII):
18. That said, the applicants bear the burden of proof. They cited Kwieton v. Lindberg, 2021 BCCRT 78, in which another tribunal member ordered the reimbursement of repair costs for a malfunctioning furnace, in support of their submission that they are entitled to reimbursement of repair costs. This decision is not binding on me, and I will consider whether the evidence establishes that the coffee maker was not left in proper working order as required.
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