What is the standard of proof required to displace suspicious circumstances?
British Columbia, Canada
The following excerpt is from Clark v. Nash, 1989 CanLII 2923 (BC CA):
Regarding the extent of proof necessary to displace the suspicious circumstances, the trial judge quoted from the judgment of Ritchie J. in MacGregor v. Ryan (1965), 1965 CanLII 17 (SCC), 53 D.L.R. (2d) 126 at p. 139, [1965] S.C.R. 757: The extent of the proof required is proportionate to the gravity of the suspicion and the degree of suspicion varies with the circumstances of each case. Just preceding that quotation, Mr. Justice Ritchie, discussing suspicious circumstances surrounding the execution of a will, had indicated that the standard of proof required was not of a “more than ordinarily onerous character” (which in a civil case is on a balance of probability).
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