What is the test for rebutting a statutory presumption?

Northwest Territories, Canada


The following excerpt is from Elleze v Norn, 2020 NWTSC 3 (CanLII):

A party with the onus of rebutting a statutory presumption must prove the existence or non-existence of the presumed fact to a balance of probabilities: Humphreys v. Trebilcock, 2017 ABCA 116.

Other Questions


What is the legal presumption in favour of the custodial parent in a custody matter? (Northwest Territories, Canada)
What is the applicable standard of review in a statutory appeal from an administrative tribunal or decision maker? (Northwest Territories, Canada)
What is the purpose of section 23 of the Canadian Constitution and what is the scope of the legislation? (Northwest Territories, Canada)
Can intervenors be liable for costs in a personal injury action? (Northwest Territories, Canada)
Can a court hear a case that is moot? (Northwest Territories, Canada)
What is the test for establishing a factual basis in a Charter case? (Northwest Territories, Canada)
Does the Code of Conduct prohibit conflicts of interest? (Northwest Territories, Canada)
What is retroactive support for a child for a period pre-dating the filing of a court application or claim for support? (Northwest Territories, Canada)
What is the effect of the fact that the particulars of a motion were not included in a separate document? (Northwest Territories, Canada)
What is the purpose of section 23 of the Charter of Canada and what is the impact of it on minority language education? (Northwest Territories, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.