What is the test for "prudence and reasonable man" in a case of mistaken identity?
Saskatchewan, Canada
The following excerpt is from Kosinski v. Snaith and Dawson Transport Ltd, 1983 CanLII 2130 (SK CA):
The trial judge referred to Jones v. Shafer, 1948 CanLII 32 (SCC), [1948] S.C.R. 166, and said: The defendant was faced with a situation which he could neither anticipate nor foresee, and in such a situation, his actions were those of “a prudent and reasonable man”.
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