What is the standard of proof required in nuisance cases?

In nuisance cases, the standard of proof is the balance of probabilities. This standard requires that the party bringing the claim must demonstrate that it is more likely than not that the nuisance exists. In other words, the evidence must show that there is a greater than 50% likelihood that the nuisance is real and that it negatively affects the claimant's use and enjoyment of their property.

This standard is characteristic of civil cases, where the stakes and consequences differ significantly from those in criminal cases, where the standard is beyond a reasonable doubt. The balance of probabilities is sufficient to establish liability in civil matters like nuisance because the legal system aims to fairly resolve disputes based on the likelihood of claims rather than requiring absolute certainty.

Using this standard allows courts to weigh the credibility of the evidence presented, considering factors such as witness testimony, expert opinions, and any relevant documentation or circumstances surrounding the nuisance claim. This framework ensures a practical approach to resolving conflicts about property use and environmental disturbances.