McDougall and the civil standard of proof

In F.H. v. McDougall, 2008 SCC 53, the Supreme Court confirmed that the civil standard of proof is the balance of probabilities. Serious allegations do not create a separate, heightened civil standard. The Court restored the trial judgment after identifying an error in the appellate approach.

The case concerned a civil claim involving allegations of historical abuse and conflicting witness accounts. The Supreme Court rejected the idea that the seriousness of an allegation changes the civil standard into an intermediate test between ordinary civil proof and proof beyond a reasonable doubt. Careful scrutiny of the evidence remained essential. The distinction matters because saying an allegation is serious does not answer whether the evidence, assessed as a whole, establishes the fact on the applicable standard.

Evidence must be assessed carefully in the context of the case. The practical question is whether the party bearing the burden has established the relevant fact as more likely than not. For a Small Claims Court dispute, organize documents and witness evidence around the legal elements you must prove. Strong feelings or repeated assertions do not fill an evidentiary gap. This civil standard should not be confused with the prosecution's burden in a criminal or provincial offence proceeding.

In a practical civil file, make a chart linking each required fact to the available evidence and the likely response. If authorization is disputed, locate the acceptance message; if payment is disputed, locate the bank record and explain its recipient. Identify genuine gaps instead of assuming a strong personal conviction will fill them. A witness's reliability, context, and consistency can matter alongside documents. The decision provides a standard for evaluating proof, not a promise that an allegation succeeds whenever one party describes it confidently or produces a larger volume of material.

Sources

• F H v McDougall 2008 SCC 53
• Ontario guide to getting ready for court

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General Ontario legal information, not legal advice for your matter, and reading it does not create a retainer. Sources checked 15 October 2026: check the current law, forms and dates before you act.

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This article is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.