What is the standard of proof for a defence of justification in a defamation case?
British Columbia, Canada
The following excerpt is from Lund v. Black Press Group Ltd., 2009 BCSC 937 (CanLII):
The defendants advance the defence of justification. Once an expression has been determined to be defamatory, the law presumes it to be false. The onus of proving that the statement is true and thus justified is on the defendants: John v. Kim, [2007] B.C.J. No. 1815 at para. 46. The usual standard of proof is on a balance of probabilities.
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