What is the test of evidence at a hearing where the onus of proof is on a balance of probabilities?
British Columbia, Canada
The following excerpt is from Martins and Church v. Buy-Low Foods and another, 2012 BCHRT 296 (CanLII):
The Court of Appeal, in Faryna v. Chorny, had in mind the testing of evidence at trial where the onus of proof would be on a balance of probabilities. Still, the guidance offered is helpful in this s. 27(1)(c) prehearing process, provided a “no reasonable prospect” assessment is made of whether an allegation will be proven on a balance of probabilities.
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