What is the burden of proof in a civil matter?
Newfoundland and Labrador, Canada
The following excerpt is from Day v G & G Homes Limited, 2016 CanLII 37559 (NL PC):
In respect of the burden of proof in any civil dispute is on a balance of probabilities. In Miller v. Minister of Pensions, [1947] 2 All E.R. 372, Lord Denning defined it as follows: That degree is well settled. It must carry a reasonable degree of probability but not so high as is required in a criminal case. If the evidence is such that the tribunal can say: “we think it more probable than not”, the burden is discharged, but if the probabilities are equal it is not.
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