What is the burden of persuasion in a civil case?

Ontario, Canada


The following excerpt is from R. v. Treliving, 2012 ONCJ 75 (CanLII):

[71] As noted in Regina v. Collins, (1987) 1987 CanLII 84 (SCC), 1 S.C.R. 265 at page 277: “The appellant, in my view, bears the burden of persuading the court that her Charter rights or freedoms have been infringed or denied. That appears from the wording of s. 24(1) and (2), and most courts which have considered the issue have come to that conclusion. The appellant also bears the initial burden of presenting evidence. The standard of persuasion required is only the civil standard of the balance of probabilities and, because of this, the allocation of the burden of persuasion means only that, in a case where the evidence does not establish whether or not the appellant's rights were infringed, the court must conclude that they were not.”

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