Does the Estate of Yehuda's Estate have to prove that there is a likelihood that the Estate will be able to claim severance?
Ontario, Canada
The following excerpt is from Saunders v. Gefen, 2019 ONSC 6017 (CanLII):
Yehuda’s estate concedes that, as the party asserting the severance, it has the onus of proving it on a balance of probabilities. See McKee v. National Trust Co. Ltd. et al (1975), 1975 CanLII 442 (ON CA), 7 O.R. (2d) 614 (C.A.), at para.9.
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