In tribunal proceedings, the onus of proof typically rests with the party who makes the claim and may shift as the case proceeds.

• A. The onus starts with the claimant and may shift as evidence is presented.
• B. The onus is always on the respondent.
• C. There is no onus in tribunal hearings.
• D. The tribunal determines facts without any evidence.

Answer: (A)

The key idea is how the burden of proof works in tribunals. In civil tribunal proceedings, the party who brings a claim must establish the essential facts of that claim by a balance of probabilities. That initial responsibility to prove rests with the claimant. As evidence is presented and issues become clearer, the burden can shift to the other party to respond, defend, or rebut the asserted facts. The standard remains the balance of probabilities, not an absolute certainty, and there can be statutory provisions that place a burden on a party for specific elements, but the typical flow starts with the claimant and can move to the respondent as the case unfolds. That’s why starting with the claimant and allowing the burden to shift as evidence is introduced is the best description of how proof works in tribunal hearings.