What is the evidentiary burden on a defendant carrier in a bus case?
Yukon, Canada
The following excerpt is from O'Neill v. City of Whitehorse, 2006 YKSM 1 (CanLII):
In the case of public carriers, namely, where a passenger pays a fare or fee to be transported, in this case by a bus, the law imposes a significant evidentiary burden on the defendant carrier. The duty on a public carrier is set out in the often quoted passage from Day v. Toronto Transportation Commission, 1940 CanLII 7 (SCC), [1940] S.C.R. 433, per Davies J. at page 439: The duty of the respondent to the appellant, its passenger, was to carry her safely as far as reasonable care and forethought could attain that end.
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