What is the preponderance of evidence in a sexual assault case?
Ontario, Canada
The following excerpt is from Indcondo v. Sloan, 2014 ONSC 4018 (CanLII):
At the end of the day, however, the court must act on such a preponderance of evidence as to show whether the conclusion the plaintiff seeks to establish is substantially the most probable of the possible views of the facts; mere suspicion is not sufficient, Clarke v. The King (1921), 1921 CanLII 603 (SCC), 61 S.C.R. 608 at 616.
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