Civil Burden of Proof: A Change.

As my partner, Todd Plant, successfully argued in Boileau v. Bogey Construction, the standard of proof in a civil case, where the allegations are criminal in nature, changes from a balance of probabilities to a somewhat more stringent test closer to the criminal standard of beyond a reasonable doubt. This higher test was accepted as the law at many levels of court and numerous administrative Tribunals. The test makes sense on an abstract level but in application it became difficult to apply.

These days are now behind us as the Supreme Court, in C.(R.) v. McDougall 2008 SCC 53, has held that there is only one standard of proof in civil cases and that is on a balance of probabilities. The test now is that in all civil cases evidence must be sufficiently clear, convincing and cogent to satisfy the balance of probabilities test. This is the new standard which all judges are now presumed to know. Michael K.E. Thiele Ottawa Personal Injury Lawyers, Plant Quinn Thiele LLP