Levels of Proof Sample Clauses

Levels of Proof i) When two parties have presented cases alleging different facts, then the two arguments must be weighed. The level of proof may become a determining factor. ii) The level of proof used in arbitration is always the civil standard of the balance of probabilities. However, where more serious allegations are made “theft or dishonesty”, the amount and quality of proof while still on balance of probability are generally required to be more compelling. Generally, to sustain a serious allegation like theft or dishonesty, the evidence should be “clear, cogent and compelling”. iii) The lower level of proof in cases of conflicting fact is “upon a balance of probabilities and by a preponderance of evidence.” Less stringent interpretation of evidence is required here. iv) It should be noted that a great majority of cases will not refer to level of proof because it is not the fact but rather the interpretation of, or alleged violation of the Collective Agreement which is at issue. Further, it should be noted that in dealing with levels of proof, there is no middle ground. Either one level is used, or the other, nothing in between.

Levels of Proof. When two parties have presented cases alleging different facts, then the two arguments must be weighed. The level of proof may become a determining factor.