What is the burden of proving false arrest and imprisonment under s. 494 of the Criminal Code?
British Columbia, Canada
The following excerpt is from Sangha v. Home Depot of Canada Inc., 2005 BCPC 300 (CanLII):
In Hildebrand v. Freson Markets Ltd. (2004) A.J. No. 107, the court reviewed s. 494 in relation to an action for false arrest and imprisonment. At paragraph 11 the court stated: The burden of proving that the arrest was unlawful because of non-compliance with s. 494 of the Criminal Code is on the plaintiff. In a civil suit for false arrest and imprisonment the onus of establishing the reasonableness of the grounds for arrest lies on the defendant who has deprived the plaintiff of his liberty.
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