Does the onus of a party who asserts environmental harm must prove it?
Ontario, Canada
The following excerpt is from Prince Edward County Field Naturalists v Ontario (Environment and Climate Change), 2016 CanLII 35406 (ON ERT):
The parties agree that once there has been a finding of environmental harm under s. 145.2.1(2)(b), as is the case here, then the s. 145.2.1(3) onus provision does not apply and the general rule applies that the party who asserts a proposition must prove it. (See Snell v. Farrell, 1990 CanLII 70 (SCC), [1990] 2 S.C.R. 311, per Sopinka, J., at para. 17.) However, having agreed to this general proposition, the parties went on to make contrary arguments about the onus to prove particular remedies.
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