What is the burden of proving that a miscarriage of justice would most likely occur if the matter was not reopened?
British Columbia, Canada
The following excerpt is from Pacific West Systems Supply Ltd. v. Rayman Construction Ltd., 2002 BCSC 592 (CanLII):
The onus of demonstrating a miscarriage of justice would most likely occur if the matter were not reopened lies on the applicant, on a balance of probabilities: K.S.S. v. N.K.S., [2001] B.C.J. No. 2224 (Q.L.)(S.C.); Kemp v. Wittenberg, [1999] B.C.J. No. 810 (Q.L.) (S.C.).
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