What is the burden of proving that a debt was incurred for a family purpose?
British Columbia, Canada
The following excerpt is from Skalska v. Romanczuk, 1997 CanLII 3826 (BC SC):
As to the onus of proof, the party alleging joint responsibility for a debt has the onus of proving that the debt was incurred for a family purpose. But in Mallen v. Mallen the court stated that a spouse with the burden of proof will: ... enjoy and assist in the discharge of the burden where there is no evidence and no suggestion that any of the cash-flow found its way into non-family purposes.
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