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The onus of proof is normally to a civil standard, i.e., that the events alleged occurred on a balance of probabilities (more than 50% likely). However, disciplinary hearings may be to a mixed standard requiring proof beyond a reasonable doubt for some elements. | The onus of proof is normally to a civil standard, i.e., that the events alleged occurred on a balance of probabilities (more than 50% likely). However, disciplinary hearings may be to a mixed standard requiring proof beyond a reasonable doubt for some elements. | ||
===== (e) Duty to Act in Good Faith ===== | ====== (e) Duty to Act in Good Faith ====== | ||
All decision-makers are expected to act in good faith and not to discriminate on the basis of irrelevant criteria. Parties are entitled to a decision made by persons untainted by the appearance of bias or conflicts of interest. A tribunal has a duty to at least consider exercising any discretion it may have. | All decision-makers are expected to act in good faith and not to discriminate on the basis of irrelevant criteria. Parties are entitled to a decision made by persons untainted by the appearance of bias or conflicts of interest. A tribunal has a duty to at least consider exercising any discretion it may have. |
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