What is the test for false imprisonment?

Saskatchewan, Canada


The following excerpt is from O'Brien v. Jensen; Ferguson v. Jensen, 1920 CanLII 147 (SK CA):

In the other case, the party’s freedom to go wherever he pleases is not interfered with. He has an escape open to him. That is the situation in this case, and on the authority of Bird v. Jones (1845) 7 Q.B. 742, 15 L.J.Q.B. 82, I would hold that no false imprisonment has been proved.

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