What is the burden of proving defective work?
British Columbia, Canada
The following excerpt is from Gibson v. Pizzolon, 2020 BCCRT 197 (CanLII):
11. To be successful in his claim, the applicant must prove on a balance of probabilities that he performed his part of the contract and the respondent breached the contract by not paying the remainder due to him. Where one party asserts defective work, that party as the burden of proving the defects: see Lund v. Appleford, 2017 BCPC 91 at paragraph 124. Here, the respondent is the party asserting defective work.
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