Sentences with phrase «capacity on the balance of probabilities»

That presumption may be rebutted by evidence of suspicious circumstances, in which case the burden reverts to the party supporting the Will to prove testamentary capacity on the balance of probabilities (Vout v. Hay, SCC 1995).

[21] I agree with the principles advanced by Mr. Ostrikoff; however, it remains true that it is for the plaintiff to prove a claim for past loss of earning capacity on a balance of probabilities, and that an award must keep in touch with the evidence before the court.

Not exact matches

Section 2 (4) makes it clear that «any question whether a person lacks capacity within the meaning of this Act must be decided on the balance of probabilities».

[26] In an action for proof of will in solemn form, the party propounding the will must prove on a balance of probabilities that the will was executed in compliance with the statutory formalities, that the will - maker knew and approved of the contents of the will and that the will - maker had testamentary capacity: Vout at paras. 19 - 20.

This process requires the person propounding the validity of a will to prove on a balance of probabilities that the will was completed in compliance with the necessary legal formalities, the will maker knew and approved of the contents of the will and the will maker had the necessary mental capacity to make a will (called testamentary capacity).

This is a lower threshold than in the case of a substantive declaration, in which case the Court must be satisfied, on a balance of probabilities, that the person lacks capacity in relation to the matter in question.