Does a plaintiff have to rely on a defence of necessity or a contributory fault for her disproportionate response?
British Columbia, Canada
The following excerpt is from Regina v. L.S., 2001 BCPC 462 (CanLII):
I find, as the court did in R v. MacDonald, above, at para 25 that, in this situation, "both evils are uncertain". I am therefore left with a reasonable doubt on the question of whether her response was disproportionate. Therefore, she is not barred from relying on the defence of necessity on the basis that the harm caused by her unlawful act was clearly greater than the harm she sought to avoid. Contributory fault
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