28—Onus of proving person’s residency during
cross-border proceeding
(1)
Subsection (2) applies if either of the following are in issue in a
proceeding:
(a) 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;
(b) 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.
(2) 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.