Tuesday, January 18, 2011

Law Tips for Bloggers (Part I)

Burden of Proof in a Civil Lawsuit

In a criminal case in Canada, the Crown has to prove that the accused is guilty beyond a reasonable doubt.

But in a civil lawsuit, the standard is different. The person who has the burden of proof (usually the plaintiff making the claim) must prove his or her case on a balance of probabilities.

What does the “balance of probabilities” mean? It simply means that the judge must find that it is more likely than not that what the person who has the burden of proof says happened is the truth. The judge does not have to be free from all reasonable doubt. He or she must be able to decide if one version of events is more likely true than another version.

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Disclaimer: This information is intended for general educational purposes only, and you may not rely on its contents for legal advice. Please keep in mind that the laws of Ontario are often different from the laws of other Provinces of Canada, States of the United States of America, and other countries. Furthermore, the law changes, and what was once an accurate statement of the law, may now be outdated and inaccurate. If you have a specific legal problem or issue, please consult a lawyer who is familiar with the laws of your province, state or country.

>>> Reference posts:
Constitutional Law: 'Freedom of Expression in Canada' &
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