What is the standard of proof required to prove compliance with the provisions of the Criminal Code Act?
Ontario, Canada
The following excerpt is from Zerbinati v Zerbinati, 2013 CanLII 86428 (ON SC):
Whether the requirements of the statute have been satisfied on the facts is another issue. Cases such as these are determined on the civil standard of proof being a balance of probabilities. That evidence must, however, be scrutinized in accordance with the gravity of the surrounding suspicion. See Vout v. Hay 1995 CanLII 105 (SCC), [1995] 2 SCR 876. In this case the gravity of the surrounding suspicion as to the authenticity of the testator's signature is very low. This means that very little evidence is required to satisfy the standard of proof regarding compliance.
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