What is the proper approach to the onus and burden of proof in a personal injury case?
British Columbia, Canada
The following excerpt is from Winterbottom v Insurance Corporation of British Columbia, 2018 BCSC 1638 (CanLII):
The proper approach to be taken to the onus and burden of proof in a case such as this was recently described by Madam Justice Hyslop in Singh v. ICBC, 2014 BCSC 797 [Singh] at paras. 110 and 111 as follows:
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