What is the standard of proof in civil and criminal cases?

Saskatchewan, Canada


The following excerpt is from Stephen v. College of Physicians and Surgeons (Sask.), 1991 CanLII 7664 (SK QB):

In Bater v. Bater, [1950] 2 All E.R. 458, at p. 459, Lord Denning, M.R., speaking for the court is reported as follows: "The difference of opinion which has been evoked about the standard of proof in these cases may well turn out to be more a matter of words than anything else. It is true that by our law there is a higher standard of proof in criminal cases than in civil cases, but this is subject to the qualification that there is no absolute standard in either case. In criminal cases the charge must be proved beyond reasonable doubt, but there may be degrees of proof within that standard. Many great judges have said that, in proportion as the crime is enormous, so ought the proof to be clear. So also in civil cases. The case may be proved by a preponderance of probability, but there may be degrees of probability, within the standard. The degree depends on the subject matter. ... it does require a degree of probability which is commensurate with the occasion." (emphasis added)

Other Questions


What is the standard of proof required to establish cruelty in a civil case? (Saskatchewan, Canada)
Is contempt of an order registered under s. 13 of the Criminal Code of Canada a criminal or civil matter? (Saskatchewan, Canada)
What is the standard of procedure at the Court of Appeal in cases dealing with civil liberties? (Saskatchewan, Canada)
What are some cases where a judge has been found not guilty of misconduct in a civil case? (Saskatchewan, Canada)
What is the standard of proof in a medical malpractice case? (Saskatchewan, Canada)
Is there any case law that supports the argument that a union has no case law or case law relating to contested positions? (Saskatchewan, Canada)
What is the relevant section of the Criminal Procedure and Civil Procedure Act? (Saskatchewan, Canada)
What is the test for establishing a reasonable excuse in a criminal case? (Saskatchewan, Canada)
Is there any case law where the words "trespass or trespass" are held to imply more than mere trespass or civil wrong? (Saskatchewan, Canada)
What is the standard of appellate review in a case? (Saskatchewan, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.