Wednesday, May 14, 2014

Burden of establishing an agency relationship lies on the party alleging its existence

Boyle v. Maritime Travel Inc.2014 NSCA 44:

[14]        As the appellant points out, the burden of establishing an agency relationship lies on the party alleging its existence:  Hav-A-Kar Leasing Ltd. v. Vekselshtein2012 ONCA 826 (CanLII), 2012 ONCA 826, at ¶ 38.  The judge correctly identified that burden in ¶ 26 of his decision and provided additional legal authority.

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