What is the test for reasonable force in a personal injury action?
British Columbia, Canada
The following excerpt is from R. v. Knibbs, 2008 BCCA 426 (CanLII):
It is unclear what the source of the judge’s formulation was. The common law of torts sanctions reasonable force in self-defence: Mann v. Balaban (1969), 1969 CanLII 5 (SCC), [1970] S.C.R. 74 at 87, 8 D.L.R. (3d) 548: In an action for assault, it has been, in my view, established that it is for the plaintiff to prove that he was assaulted and that he sustained an injury thereby. The onus is upon the plaintiff to establish those facts before the jury. Then it is upon the defendant to establish the defences, firstly, that the assault was justified and, secondly, that the assault even if justified was not made with any unreasonable force and on those issues the onus is on the defence.
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