What is the standard of proof at a hearing of a citation?

British Columbia, Canada


The following excerpt is from Geller (Re), 2018 LSBC 40 (CanLII):

As the hearing panel in Law Society of BC v. Daniels, 2016 LSBC 17, noted at paragraph 16, the standard of proof on a hearing of a citation is proof on a balance of probabilities, and the burden of proof falls on the Law Society: A hearing of a citation by a Law Society hearing panel is a civil and not a criminal proceeding. There is only one civil standard of proof at common law, and that is proof on a balance of probabilities, and factual conclusions in a civil case must be made by deciding whether it is more likely than not that the event occurred (FH v. McDougall, 2008 SCC 53 at paras. 40 and 44). In this matter, the Law Society carries the burden of proof to establish on a balance of probabilities the facts that it alleges constitute professional misconduct or a breach of the Act or Rules.

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