They further cite in Kolesnykov v. ICBC [2004] BCSC 173, where Martinson J. held: “33 Because fraud is a quasi-criminal allegation and a finding of fraud could affect the claimant’s life well beyond the outcome of the insurance claim, the trial judge, when scrutinizing the evidence, must keep in mind that substantially more than a mere tilting of the evidentiary scales is required. The quality of the evidence must be assessed taking into account the degree of proof required. The scrutiny is heightened in the sense that the judge must determine whether the evidence is clear and cogent enough to more than just tilt the scales. The more serious the allegation and its consequences, the greater the degree of proof required.”
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