Ontario Barrister and Solicitor Practice Exam

In civil cases, the burden of proof generally requires a party to establish their case on the balance of probabilities. This standard means that the evidence presented must indicate that it is more likely than not that the facts are as the party claims. Essentially, if the evidence provides a sufficient likelihood that one side’s argument is more probable than the other side’s, that party prevails.

This standard is lower than the one used in criminal cases, where the requirement is beyond a reasonable doubt, a far stricter threshold that reflects the serious implications of a criminal conviction. While "clear and convincing evidence" is also a standard used in certain specific civil cases, such as those involving fraud, it does not apply universally across all civil trials and is not the primary standard.

The term "preponderance of evidence" is sometimes used interchangeably with the balance of probabilities, but in the context of Canadian law, it is more precise to describe the civil burden of proof as the balance of probabilities, as this aligns with legal terminology and practice in Ontario.