What is the test for a claim of false imprisonment?
Saskatchewan, Canada
The following excerpt is from Walcer and Coleman v. Wood et al., 1983 CanLII 2436 (SK QB):
The claim in respect of false imprisonment is tenuous and questionable at best. No intentional total confinement is alleged. However, that can await the trial and the exact evidence adduced, without prejudice or expense. If it exists, it exists on the basis of paragraphs 6 and 7, being the same paragraphs as pleaded in support of assault and battery and negligence. I have, in effect, decided to use the approach in Grose v. Grose, supra. I am not striking paragraphs 6 and 7 in any event, and there is no harm in dealing with the reference to false imprisonment in the claim for relief, if, indeed, it is proper to strike it.
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