Question

In a civil case in Canada, such a tort claim, what must the Plaintiff do?

Question 8 options:

	Introduce evidence which proves his/her case beyond a reasonable doubt.
	Introduce evidence which proves his/her case on a balance of probabilities.
	Introduce evidence which proves his/her case is just as likely to be the true version of events as the Defendant's.
	Introduce evidence which proves his/her case is completely correct.

Answer 1

As per the question the right answer is:

In a civil Cases in Canada for example Tort claim the Plaintiff must Introduce evidence which proves his/her case on balance of probabilities. It is because the burden of proof is on the claimant or the plaintiff. When the plaintiff is able to produce or satisfies for all the possibilities and the facts that needs to be proven than he/she may be successful in the processing. When a cause of action is decided on the basis of the facts produced by the plaintiff than the ball is in their court.

Description for all the options:

• Option 1 is not correct as When the case is related to criminal proceeding than the standard of proof is beyond the reasonable doubt. As tort, breach of contract, negligence etc are the part of civil cases therefore balance of probabilities is taken as Standard of Proof.
• Option 2 is the correct answer as tort being the part of civil proceeding and also because of the above-mentioned reason.
• Option 3 is not correct as in any case nobody knows how exactly the other part will oppose or defend themselves therefore to document or prepare ourselves on the basis of true event as of defendant's is not possible. One has to be reasonable sure and produce evidence in order to prove the tort.
• Option 4 is not correct as for any case to initiate there has to be reasonable base; one just should not open all the cards at one go and hence to be completely correct is at the discretion of court to decide. One may feel t be completely correct however there can be loopholes as per the court.

Hence out of all the option 2nd option is correct because balance of probabilities is the standard of proof in civil court.

For the court to decides its decision it needs base and finding. That base is called standard of proof which decides that either an event is occurred or not. Hence in civil case the standard of proof is balance of probabilities which means court is under impression that yes even has occurred and addition of evidence to support that is cherry to the cake.