William A. Stuart v. Kenneth J. Stuart, Jr.

Summary

The court held that claims under General Statutes § 52-564 must be proved by a preponderance of the evidence, not by clear and convincing evidence. Because the statute is silent on the burden of proof and the legislature expressly uses heightened standards in other civil statutes, the ordinary civil standard applies even though the statute authorizes treble damages. The court reversed the Appellate Court in part and remanded for further proceedings applying the proper standard.