5. Burden of proof

The respondent has the burden of proof.⁷ This means that the respondent must convince CART that the applicant committed the violation described in the notice.

Since the respondent has the burden of proof, an applicant does not have to provide CART with any evidence of the violation. Each applicant can decide if they want to give CART their version of events.

In a request, the respondent must prove every element of the alleged violation.⁸ For example, the respondent must prove that:

• the right person is named in the notice;
• the person named in the notice violated the law as alleged; and
• the penalty, if any, was established according to the Regulations.

The respondent must prove each element on “a balance of probabilities.” This means that the respondent must show that its allegation is more likely to be true than not.

If the respondent does not prove every element of the violation, the notice must be set aside.

Footnotes

• ⁷ Section 19 of the AAAMP Act.
• ⁸ Doyon v Canada (Attorney General), 2009 FCA 152.