“On a balance of probabilities” is a standard of proof requiring the party making a claim to establish that their claim is more likely true than not. In other words, they must show that their version has a greater than 50% chance of being accurate. This standard is less stringent than “beyond a reasonable doubt” and is often employed in matters where the stakes are not as high as those in criminal law, for example in civil court.

While a verdict of guilty or not guilty will never be determined on a balance of probabilities in Canada, there are some contexts in Canadian criminal law where the balance of probabilities standard of proof applies. For example, where the accused raises certain defences, they must prove the validity of the defence on a balance of probabilities.

If you or a loved one need a strong criminal defence, don’t hesitate to contact our team. Book a free and confidential consultation through our intake form or call us at (905) 541-2228.