What is the test for evidence of fraud in an insurance claim?

39 The evidence of fraud need not be direct evidence linking the plaintiff to the fraud. The finding of fraud may be drawn from an examination of all the evidence in the case and the conclusion may be reached by way of an inference. However, it must be something substantially more than a mere tilting of the evidentiary scale. The inference leading to the conclusion that the insured participated in, or procured the loss, must be clearly established with cogent and strong evidence. See Bevacqua v. Insurance Corp. of British Columbia, supra, at para. 45. 3.0 Position of the Parties