What is the current state of the law on the balance of probability test?
British Columbia, Canada
The following excerpt is from A.T. v. R.R., 2009 BCPC 316 (CanLII):
So the Miracle Feeds case provides guidelines but it is not exhaustive, it has been expanded to put fairness as the overriding principle to both sides, and also to import an important element of blameworthiness, because sometimes deliberate and wilful actions can be without blameworthiness being involved. The case of Lin v. Tang also clarified that the balance of probability test is to be applied and the burden is on the applicant, which in this case is "R.R.".
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