What is the burden of proving misconduct against an employer in a civil action?
British Columbia, Canada
The following excerpt is from Yahudah v. MacKenzie Community Arts Council, 2021 BCCRT 1231 (CanLII):
10. In a civil claim like this one, the applicant has the burden of proving his claims, on a balance of probabilities (meaning “more likely than not”). However, where an employer says it had just cause to dismiss the employee (as is the case here), the employer has the onus of proving the misconduct (see Hawkes v. Levelton Holdings Ltd., 2012 BCSC 1219 at paragraph 28, affirmed 2013 BCCA 306).
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