What is the standard of proof for rectification in the context of rectification cases?
British Columbia, Canada
The following excerpt is from Star Systems Inc. v. Overland West Freight Lines Ltd., 2012 BCSC 180 (CanLII):
In Performance Industries, Binnie J. held that the standard of proof is captured by the expression "convincing proof" which lies somewhere between the civil and criminal standards (at para. 41). In Fraser v. Houston, the court concluded from this that the case for rectification must be "compelling".
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