In what circumstances will a civil court require a higher degree of probability than it would require for a criminal court to consider whether negligence was established?
British Columbia, Canada
The following excerpt is from Cameron v. I.C.B.C., 2000 BCSC 31 (CanLII):
In Bater v. Bater, [1950] 2 All E.R. 458 at 459 (cited in Hanes), Lord Denning stated: A civil court, when considering a charge of fraud, will naturally require a higher degree of probability than that which it would require if considering whether negligence were established. It does not adopt so high a degree as a criminal court ... but still it does require a degree of probability which is commensurate with the occasion.
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