Does the burden of proof apply to an interpleader who has failed to establish a prima facie case?
Saskatchewan, Canada
The following excerpt is from Coal Gate Oils Limited v. Western Petroleum Limited, 1951 CanLII 221 (SK CA):
In Wright v. Jones 1919 CanLII 196 (SK CA), [1919] 3 WWR 582, 12 Sask LR 517, another interpleader issue, this court held that the burden of proof being on the plaintiff he has to make out a prima facie case before the defendant is put to the proof of his defence and that; the defendant may rely on the failure of the plaintiff to establish title to the goods.
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