What is the legal test for false imprisonment?
Ontario, Canada
The following excerpt is from King v. Bailey, 1900 CanLII 24 (ON CA):
If there is any analogy between actions for false imprisonment and actions of this kind, the case of Violett v. Sympson (1857), 8 E. & B. 344, affords the nearest analogy.
I do not think any argument can be founded on the ancient form of the action, for trespass and case were both adopted indiscriminately: Chamberlain v. Hazlewood (1839), 5 M. & W. 515.
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