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.”

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