Can the arrest of plaintiffs be justified?
Saskatchewan, Canada
The following excerpt is from Kendall and Kendall v. Gambles Canada Ltd., Graham, Bowering and Landru, 1981 CanLII 2149 (SK QB):
The plaintiffs were arrested for theft, an indictable offence, but the prosecution failed. However that in itself does not end the matter. The defendants may in this action show, as their justification for the imprisonment of the plaintiffs that in fact the plaintiffs were found committing the offence, Frey v. Fedoruk (supra). But this too they have failed to do. Can their arrest still be justified?
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