Do ties always go to the defence?

In personal injury cases it is extremely rare for a court to find that the evidence on both sides of a case is truly evenly balanced. While a “tie” must always go to the defence, a true “tie” is unusual. This article will canvass the law related to the burden of proof, and how plaintiff’s counsel can prepare their case to ensure that the case is adjudicated on its merits, rather than on a technical determination of the burden of proof.