What does proving on a balance of probabilities mean?
Short answer
In civil matters in Quebec, “evidence is sufficient if it renders the existence of a fact more probable than its non-existence, unless the law requires more convincing proof” (art. 2804 of the Civil Code of Quebec).
In detail
It is not about convincing the judge with absolute certainty. JuridiQC puts it this way: the person who carries the burden has to convince the judge, in particular with documents or testimony, that their version is more probable than that of the other person involved.
This standard is different from the one in criminal law, where the prosecution has to prove its case “beyond a reasonable doubt”. That is why an acquittal in criminal court does not necessarily prevent a finding of liability in civil court on the same facts: the bar is not set at the same height.
In practice, this means a well-documented file tips the balance. An invoice, a dated photo or a confirmation email is often worth more than a long explanation, because it makes one version more probable than the other.
What to document
For each disputed point, the exhibit closest in time to the events: the message sent that same day, the photo taken on the spot, the dated receipt. Closeness in time is what makes a version probable.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
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Official sources
- Civil Code of Quebec, art. 2804 (Légis Québec)
- What you need to know about evidence (JuridiQC, Government of Quebec)
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What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.