What is the test for proving an issue of fact?
British Columbia, Canada
The following excerpt is from S.M. v. D.D.R., 1996 CanLII 8388 (BC CA):
The first paragraph of this passage evokes the judgment of Cartwright J. in Smith v. Smith, 1952 CanLII 3 (SCC), [1952] 2 S.C.R. 312 at 331: 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.
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