What is the standard by which to establish a sistership relationship?

The standard by which to establish a sistership relationship is that of proof by a preponderance of evidence, or reasonable degree of probability, that it be more probable than not that the vessels in question are sisterships. Even though the sistership remedy, as a whole, is an extraordinary remedy that ought not to be lightly invoked, it is still this civil standard of proof which applies. A useful and often used explanation of the civil burden of proof is that set out by Mr Justice Cartwright in Smith v. Smith, 1952 CanLII 3 (SCC), [1952] 2 S.C.R. 312 at 331 - 332: It is usual to say that civil cases may be proved by a preponderance of evidence or that a finding in such cases may be made upon the basis of a preponderance of probability and I do not propose to attempt a more precise statement of the rule. I wish, however, to emphasize that in every civil action before the tribunal can safely find the affirmative of an issue of fact required to be proved it must be reasonably satisfied, and that whether or not it will be so satisfied must depend upon the totality of the circumstances on which its judgment is formed including the gravity of the consequences of the finding.

In the present instance there has, in the sense of sheer volume, been a preponderate amount of evidence. Heeding Smith v. Smith (supra) I have looked at the totality of the evidence, the circumstances and the consequences. However I am not able to say that the existence of the vessels as sisterships is more probable than their non-existence as sisterships: this is not an instance where probabilities are about equal, but where the absence of a sistership relationship is the more probable. I turn to examining the pertinent facts in the light of the standard of proof.