What is the standard of proof for a defence of fraud and arson in a civil action?

British Columbia, Canada


The following excerpt is from Edwards v. Insurance Corp. of British Columbia, 1995 CanLII 1117 (BC SC):

22 The defences of fraud and arson are of the most serious allegations that can arise in civil proceedings. The standard of proof to be applied is a balance of probabilities [Haines v. Wawanesa (1963), 1963 CanLII 1 (SCC), S.C.R. 154], however the degree of proof will vary with the gravity of the allegations contained in the defence to the action. Mr. Justice Macfarlane in Hanlon v. The Insurance Corporation of British Columbia, [1983] I.L.R 6428 (B.C.C.A.) considered the applicable standard and summarized it as: I do not question for a moment that the standard of proof is proof on a balance of probabilities, but the degree of proof required to meet that standard varies with the gravity of the offence involved in the defence of the civil action, in this case arson, and with the seriousness of the consequences of such a finding.

Other Questions


What is the applicable standard of proof in the defence of fraud and arson? (British Columbia, Canada)
Can the defence of fraud be struck in an action for fraud? (British Columbia, Canada)
How have special costs been awarded in civil actions where the purpose of the civil action was to silence public opposition? (British Columbia, Canada)
Can a plaintiff in a personal injury action commence an action against a defendant in the same action against the same defendant? (British Columbia, Canada)
What is the standard of proof in a civil case? (British Columbia, Canada)
What is the standard of proof and onus of proof in law? (British Columbia, Canada)
Can an allegation of fraud or breach of trust be found where there has been a conviction or a finding of fraud by a judgment in a criminal or civil court? (British Columbia, Canada)
Does a witness in a civil proceeding have absolute immunity from civil action at common law? (British Columbia, Canada)
What is the standard of proof required to establish reasonable grounds in civil cases? (British Columbia, Canada)
What is the standard of pleading in a personal injury action where there are several causes of action against multiple parties? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.