What is the test for "degree of probability" in the definition of child neglect?
Alberta, Canada
The following excerpt is from W.W. (Re), 1989 CanLII 3289 (AB QB):
That subsection deals with the determination of when a child is in need of protective services. In M. (L. and K.), 7 Alta. L.R. 220, Litsky, J., decided that neglect inquiries do not require proof beyond a reasonable doubt, but a balance of probabilities will suffice, with the paramount purpose in determining the case being the best interests of the child. At p. 235 he referred to Denning, L.J., in Bater v. Bater, [1950] 2 All E.R. 458, at 459, for authority for the proposition that there may be degrees of probability within the civil standard.
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