Does a plaintiff have to prove that he was not involved in the damage caused to his car by vandals?
British Columbia, Canada
The following excerpt is from Robinson v. Insurance Corp. Of British Columbia, 1999 CanLII 6152 (BC SC):
I refer also to the comments of Spencer J. in Bevacqua v. Insurance Corporation of British Columbia, [1998] B.C.J. No. 993, (April 29, 1998) where the defendant's primary position was that the plaintiff had made a wilfully false statement to the effect that he did not know the persons who had vandalized his vehicle. His Lordship noted that vandalism does not occur where the owner is directly or indirectly involved in wilfully damaging his vehicle and therefore accepted that it was incumbent upon the plaintiff to prove on a balance of probabilities that he was not involved in the damage to his car.
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