What is the burden of proof in a civil case?
Alberta, Canada
The following excerpt is from Warkentin v. Craig, 1998 ABQB 306 (CanLII):
In Miller v. Minister of Pensions, [1947] 2 All E.R. 372 at p. 374 the degree of probability required in order to discharge the burden of proof in a civil case was defined by Lord Denning in these terms: "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."
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