What is the standard of proof in civil fraud?

Ontario, Canada


The following excerpt is from Russell v. Thompson, 2021 ONCJ 16 (CanLII):

17. It is well established law that civil fraud must be proved on a reasonable balance of probabilities[1]. The party alleging fraud has the onus of proving the fraud. Justice Turnbull provides a clear and concise summary of the law of civil fraud in Rosati v. Reggimenti, [2008] O.J. No. 41 commencing at paragraph 33 as follows: 33 The standard of proof of civil fraud is on a balance of probabilities. The onus of proof rests upon the party alleging fraud. In all cases, the court must carefully review the evidence when deciding if an act or event occurred which would support the requisite factual and legal conclusion that one of the requirements for a finding of civil fraud occurred. The evidence must be clear and convincing to satisfy the balance of probabilities test. The totality of the evidence must be considered and not just separate pieces of evidence assessed in isolation. 34 The finding of fraud against an individual has significant ramifications beyond the immediate litigation between the parties. With that in mind, the four requirements to prove civil fraud must be clearly met on a balance of probabilities. They are:

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