What is the standard of proof in a civil action?
Alberta, Canada
The following excerpt is from Denhoff v. B & L Lumber Ltd., 1987 CanLII 3404 (AB QB):
In civil proceedings, the standard of proof in making a final decision, after weighing the evidence adduced by the plaintiff and defendant in these proceedings, is set out by Denning J. in Miller v. Min. of Pensions, [1947] 2 All. E.R. 372 at 374 (K.B.D.), where he stated: That degree is well settled. 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.
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