What is the burden of proof in a civil proceeding?
Nova Scotia, Canada
The following excerpt is from Venedam v. Tanks & Ducts R Us Ltd., 2010 NSSC 186 (CanLII):
The burden of proof in a civil proceeding is on a plaintiff to prove its case on a balance of probabilities, which was described by Denning, J., as he then was, in Miller v. Minister of Pensions [1947], 2 All E.R. 372 (K.B.D.) at p. 374: ... 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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