What is the burden of proof in a "defective work" case?

British Columbia, Canada


The following excerpt is from BACICA et al v. R. BOCK ELECTRICAL, 2019 BCCRT 653 (CanLII):

13. In a “defective work” case such as this, the ultimate burden of proof is on the party asserting that a breach has occurred. Here, the applicants must prove on a balance of probabilities that the respondent breached the contract entitling them to damages for the breach: Lund v. Appleford, 2017 BCPC 91. Where the standard of a competent member of a trade or profession is at issue, evidence of those carrying on that occupation is necessary unless the matter is on non-technical matters or those of which an ordinary person may be expected to have knowledge: Burbank v. R.T.B., 2007 BCCA 215.

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