What is the standard of proof in a civil fraud allegation?
Alberta, Canada
The following excerpt is from Trotchie v. Gordon, 1998 ABQB 461 (CanLII):
The standard of proof in a civil fraud allegation is best described by Lord Denning in Bater v. Bater [1950] 2 All E.R. 458 at 459: "A civil court when considering a charge of fraud, will naturally require a higher degree of probability than that which it would require if considering whether negligence is established. It does not adopt so high a degree as a criminal court, even when it is considering a charge of a criminal nature, but still it does require a degree of probability which is commensurate with the occasion."
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