What is the test for the defence of false imprisonment?
Ontario, Canada
The following excerpt is from Nichols v. Wal-Mart Canada Corp., 2003 CanLII 41235 (ON SC):
The court in Banyasz cites with approval Williams v. Laing (1923), 55 O.L.R. 26 at page 28, to this effect: “The law is quite clear that is order to succeed in establishing this defence the appellants must prove first that the crime they suspected had actually been committed, not necessarily by the person detained, but by some one, and that they had reasonable ground for suspecting the person detained.”
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