Onus
Onus means the burden of proof: the responsibility of a party to prove a fact or claim. In civil cases, the party making a claim generally bears the onus and must prove it on a balance of probabilities, meaning that it is more likely than not.
How BC law treats it
The onus can shift in specific contexts. In a complaint under the Human Rights Code, RSBC 1996, c 210, the complainant must first establish a prima facie case before the respondent must justify its conduct (Moore v British Columbia (Education), 2012 SCC 61), and in wrongful dismissal the employer bears the onus of proving just cause.
What it means for your business
Keep records that would let you prove your position, especially where the onus may fall on you, such as alleging just cause.
Risks and common mistakes
An employer that dismisses for cause without documented evidence may be unable to meet its onus at trial.
Fulcrum's litigation lawyers can help with these issues.
General information about British Columbia and Canadian law, current to October 2026. It is not legal advice.
