What is the test for establishing a balance of probabilities in a civil action?
British Columbia, Canada
The following excerpt is from Conners v. McMillan, 2020 BCPC 230 (CanLII):
The starting point is that in a civil action, the person asserting a claim must establish the claim on a balance of probabilities. This applies to the claimant and a defendant who is a claimant by way of counterclaim. Facts required to prove a claim or a defence, must be established by the evidence at trial. The trial judge will consider all the evidence and determine whether it is more likely than not that the event, fact or statement occurred: Clayton v. North Shore Driving School, [2017] B.C.M. No. 1295, at para. 77.
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