What is the test for establishing that a plaintiff has a claim on the balance of probabilities?
Saskatchewan, Canada
The following excerpt is from Hadubiak v. Wiebe, 2003 SKPC 141 (CanLII):
The onus is on the plaintiffs to establish their claim on the balance of probabilities. There must be a “reasonable degree of probability” that the claim has been established, see Miller v. Minister of Pensions [1947] 2 All E.R. 372 at 374 (Lord Denning K.B.).
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