What is the standard of proof for an allegation of accord and satisfaction in a civil case?
Alberta, Canada
The following excerpt is from Rottacker Farms Ltd. v. C & M Farms Ltd., 1975 CanLII 232 (AB QB):
If it is the usual civil standard of proof that applies to an allegation of an act of a criminal nature in a civil case then, a fortiori, it seems to me that it should be and is the usual civil standard which applies to an allegation of accord and satisfaction. In my opinion, the view expressed by Ritchie C.J. in Weldon v. Vaughan, supra, can no longer be taken to express the law in Canada.
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