What is the burden of proof required at a tribunal to prove an allegation of sexual assault?
British Columbia, Canada
The following excerpt is from Vista Leadership Inc. v. Pilon, 2021 BCPC 320 (CanLII):
The degree of probability required to meet the standard and to discharge this burden of proof has been defined by Lord Denning in the following terms: 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. (see: Miller v. Minister of Pension, [1947] 2 All E.R. 372. at para. 374)
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