Onus of proving person’s residency during cross‑border proceeding
28 Onus of proving person’s residency during cross‑border proceeding
Subsection (2) applies if either of the following are in issue in a proceeding —
if it is a cross‑border proceeding — whether the person who is the subject of the proceeding ordinarily resides or resided in a cross‑border region at a particular time during the proceeding;
if it is another proceeding — whether the person who is the subject of the proceeding ordinarily resides or resided in a cross‑border region at a particular time during a cross‑border proceeding.
The person has the onus of proving on the balance of probabilities that the person does not or did not ordinarily reside in the region at that time.
This Act’s bill:Explanatory memorandumSecond reading speech
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