What is the standard of proof in a motion where the evidence is circumstantial?
Ontario, Canada
The following excerpt is from R. v. Gibson, 2021 ONCA 530 (CanLII):
Finally, where proof of an essential element or the offence charged depends wholly or substantially on circumstantial evidence, it is the cumulative effect of all the evidence, taken together, each item in relation to another and the whole, that must be considered in determining whether the standard of proof has been met: Cote v. The King (1941), 1941 CanLII 348 (SCC), 77 C.C.C. 75 (S.C.C.), at p. 76.
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