What is the burden of proof in a civil matter?

Newfoundland and Labrador, Canada


The following excerpt is from Day v G & G Homes Limited, 2016 CanLII 37559 (NL PC):

In respect of the burden of proof in any civil dispute is on a balance of probabilities. In Miller v. Minister of Pensions, [1947] 2 All E.R. 372, Lord Denning defined it as follows: That degree is well settled. It must carry a reasonable degree of probability but not so high as is required in a criminal case. If the evidence is such that the tribunal can say: “we think it more probable than not”, the burden is discharged, but if the probabilities are equal it is not.

Other Questions


What is the proper burden of proof in civil contempt cases? (Ontario, Canada)
What is the burden of proof in a testamentary matter? (British Columbia, Canada)
What is the burden of proof in a civil proceeding? (Nova Scotia, Canada)
What is the burden of proof in a civil case? (Alberta, Canada)
What is the difference between the burden of proof and the evidential burden? (Ontario, Canada)
What is the burden of proof and the evidential burden in medical malpractice cases? (Canada (Federal), Canada)
What is the burden of proof and what is the threshold of proof? (Canada (Federal), Canada)
Does the burden of proof change when the trial judge reversed the burden? (British Columbia, Canada)
What is the burden of proof and standard of proof in a certification application? (New Brunswick, Canada)
What are the costs of a civil matter as a family matter? (Ontario, Canada)