What is the standard of proof required for a learned trial judge to prove a claim of false imprisonment?

Saskatchewan, Canada


The following excerpt is from Wilson v. Erbach, 1966 CanLII 340 (SK CA):

To ascertain the standard of proof required the learned trial judge quite properly referred to Smith v. Smith and Smedman 1952 CanLII 3 (SCC), [1952] 2 SCR 312, and quoted Cartwright, J., who said at p. 331: “It is usual to say that civil cases may be proved by a preponderance of evidence or that a finding in such cases may be made upon the basis of a preponderance of probability and I do not propose to attempt a more precise statement of the rule. I wish, however, to emphasize that in every civil action before the tribunal can safely find the affirmative of an issue of fact required to be proved it must be reasonably satisfied, and that whether or not it will be so satisfied must depend upon the totality of the circumstances on which its judgment is formed including the gravity of the consequences of the finding.”

Other Questions


What is the standard of proof required for a construction company to prove its claim for breach of contract? (Ontario, Canada)
What is the standard of proof required to sustain a claim of suicide in a life insurance claim? (Saskatchewan, Canada)
What is the standard of proof required for a claim to be successful in an insurance claim? (Saskatchewan, Canada)
What is the standard of proof required for a plaintiff to prove hypothetical events? (British Columbia, Canada)
What is the standard of proof for a plaintiff to prove that a hypothetical event will not affect his claim? (British Columbia, Canada)
What is the standard of review of a learned trial judge’s decision? (Alberta, Canada)
What is the standard of proof required for a plaintiff to prove that a hypothetical event occurred at the same time as an actual event? (British Columbia, Canada)
What is the standard of proof required to prove that a hypothetical past event has occurred? (British Columbia, Canada)
What is the standard of proof required to prove compliance with the provisions of the Criminal Code Act? (Ontario, Canada)
What is the standard of proof required for a claim for loss of future earnings capacity? (British Columbia, Canada)