What is the burden of proving failure or refusal on the balance of probabilities?
British Columbia, Canada
The following excerpt is from Hathaway v. British Columbia (Superintendent of Motor Vehicles), 2013 BCSC 938 (CanLII):
There are some things on which the parties agree: 1. The investigating officer had the burden of proving failure or refusal on the balance of probabilities; 2. The adjudicator was not constrained by the rules of evidence as they would apply to a criminal trial; and 3. This court should show deference to the decision of the adjudicator, and refuse to interfere if that decision falls within the “range of possible, acceptable outcomes which are defensible in respect of the facts and the law”, in the language of Dunsmuir v. New Brunswick, 2008 SCC 9, at para. 47.
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