Evidence – Burden of Proof

By: Peter Sankoff, LL.M.

II: Burdens of Proof and Presumptions
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II.1: Introduction

See Canadian Abridgment: EVD.II Evidence — Proof

The objective of this part of the Title is to consider the framework under which evidence is proven within the common law adversarial trial. It focuses upon the burdens and standards of proof that are placed upon litigants and examines the manner in which these burdens can shift during the course of proceedings. These concepts are critical to an understanding of the law of evidence, as they explain who is responsible for adducing individual pieces of evidence and the cumulative standard of proof that must be met to decide a case. Additionally, this part of the Title will consider the role played by presumptions: legal mechanisms that resolve an evidentiary question in a particular manner in the absence of evidence demonstrating a contrary proposition.