What is the test for using force that is not reasonable in self-defence?

Ontario, Canada


The following excerpt is from Fritsch v. Magee, 2012 ONSC 2755 (CanLII):

Force used in self-defence is not reasonable if it is either greater than what is needed under the circumstances, or disproportionate to the harm faced. The onus is on the defendant to establish that he acted in self-defence: Mann v. Balaban, [1969] S.C.J. No. 69. 3. Analysis

Other Questions


Does a cottage owner who only uses the right of way only on a few times a year, only for a seasonal basis, and only for the seasonal use of the property, have it been deemed continuous use? (Ontario, Canada)
What considerations must a court consider in determining the reasonableness of the use of force by a police officer against a suspect? (Ontario, Canada)
What is the test for establishing that a defendant has raised a reasonable doubt as to the allegation that in driving her vehicle at the material time, she failed to exercise due care and attention or afford reasonable consideration to other persons using the highway? (Ontario, Canada)
What is the test for reasonable grounds for establishing that reasonable grounds are reasonable grounds? (Ontario, Canada)
What is the test for reasonable and probable grounds for a police officer to use a Taser? (Ontario, Canada)
What are the reasons used by a deputy judge to determine whether a party has been found in default in a personal injury case? (Ontario, Canada)
What is the paramount use of the "established primarily for" formulation in the "principal use" test? (Ontario, Canada)
In assessing whether a police officer has reasonable grounds to justify the arrest, what is the test for reasonable grounds? (Ontario, Canada)
What is the test for use of force by a police officer to arrest a man? (Ontario, Canada)
What is the appropriate test for determining the degree of force used by the trier of fact in a civil case? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.