Standard of Proof

Standard of Proof

Worker's Compensation relies on the civil standard of proof, namely, the balance of probability as distinct from possibility.  Effectively, the party providing the most convincing evidence influences the decision made on the claim.

For the prosecution of a criminal offence (such as fraud) to succeed, the evidence must prove the defendant guilty “beyond reasonable doubt”.  This is a much more demanding standard of proof than in a civil jurisdiction.In addition, the prosecutor must provide the evidence - it carries the burden of proof.

The defendant is not required to prove hir or her innocence.  Thus, if there is any reasonable doubt about the guilt of the defendant, then the decision of the court must be in the defendant's favour.