What is the standard of proof in civil trials according to Ontario legislation?

In Ontario, the standard of proof in civil trials is described as the "preponderance of evidence." This means that in order to succeed in a civil case, a party must demonstrate that their claims are more likely true than not. Essentially, the evidence must show that there is a greater than 50% chance that the assertions made by the plaintiff are valid.

This standard contrasts with criminal trials, where the burden is much higher, requiring proof "beyond a reasonable doubt." The preponderance of evidence standard allows for more flexibility in civil disputes, acknowledging the nature of these cases, which often revolve around issues like contracts, torts, and other non-criminal matters.

The other standards mentioned, such as "clear and convincing evidence" and "probable cause," are applicable in different contexts. "Clear and convincing evidence" is a higher standard, typically found in certain specific areas of law, while "probable cause" is often relevant in criminal law, particularly regarding arrest and search warrants. Thus, understanding that civil trials hinge on the preponderance of evidence clarifies why this standard is foundational in determining the outcome of such cases in Ontario.