Being confident that something happened is different from proving it in court. In F.H. v. McDougall, the Supreme Court of Canada clarified the standard judges apply when deciding disputed facts in civil proceedings.

The case involved allegations of historical sexual assault. The Court considered whether the seriousness of the allegations required a standard of proof higher than the ordinary civil standard.

The Court confirmed that there is one civil standard of proof: the balance of probabilities. The question is whether the alleged event was more likely than not to have occurred. Serious allegations do not create a separate, heightened standard.

The evidence must nevertheless be sufficiently clear, convincing, and persuasive to satisfy that standard. The Court also addressed inconsistencies in testimony, emphasizing the importance of assessing the evidence as a whole. Its decision restored the trial judge’s judgment.

The case distinguishes the civil standard from the criminal requirement of proof beyond a reasonable doubt. It also reinforces the importance of examining the complete evidentiary picture.

What this could look like in practice

Imagine a hypothetical disagreement about whether a contractor was paid in cash. The homeowner remembers making the payment, while the contractor denies receiving it. A receipt would be useful, but the parties might also examine messages sent that day, bank withdrawals, accounting entries, and anyone who witnessed the exchange.

A bank withdrawal alone would not necessarily show that the money reached the contractor. Equally, the absence of a receipt would leave questions to investigate rather than provide a complete account of what happened.

Organizing the evidence around the disputed payment would be more useful than collecting large amounts of unrelated correspondence.

The takeaway

For someone preparing a case, a practical starting point is a chronology identifying each important event and the evidence that supports it. Separate what you personally observed from what someone later told you, and identify gaps early. That exercise can help a lawyer assess the strengths and weaknesses of the account before deciding how to present it.

The information on this page is provided for general educational purposes only and does not constitute legal advice. These summaries highlight selected principles and do not address every issue or subsequent legal development. Examples are hypothetical and do not predict the outcome of any case. The application of a decision depends on the facts and applicable law. Reading this page or contacting our firm does not, by itself, create a lawyer-client relationship. If you have further questions or require advice about your situation, please contact us.