What is the standard of proof used in most LTB eviction or rent-related matters?

• A. Beyond a reasonable doubt.
• B. Balance of probabilities.
• C. Clear and convincing evidence.
• D. Absolute certainty.

Answer: (B)

In most LTB eviction and rent-related matters, the evidence must show a balance of probabilities. This civil standard means the party bearing the burden of proof must convince the board that their version of the events is more likely true than not.

The board weighs all the evidence—tenancy agreements, rent receipts, ledgers, notices, communications, photos, and witness testimony—and assesses credibility. If, on the whole, the evidence tips slightly in favor of one side, that side’s version is accepted. It does not require proving every fact beyond reasonable doubt or to an absolute certainty; it only needs to be more likely true than not.

Understand that higher civil standards, like clear and convincing evidence, are used in limited, specific situations and are not the norm for routine eviction or rent disputes. Absolute certainty is not a standard of proof in these matters either.

So, the standard used in these proceedings is the balance of probabilities: more likely true than not based on the evidence presented.