What is the appropriate test for determining the degree of force used by the trier of fact in a civil case?

Ontario, Canada


The following excerpt is from R. v. Magiskan, 2003 CanLII 859 (ON SC):

In Stewart v. Canada (Attorney General)8 Justice Sharlow stated that the appropriate test to be used by the trier of fact is as follows: In assessing the evidence in this regard, I must bear in mind that the degree of force must be viewed from the subjective view of the police officers as well as the objective circumstances. I must also make due allowance for a police officer in the exigencies of the moment misjudging the degree of force needed, and avoid holding a police officer to a standard of conduct that one sitting in the calmness of a courtroom later might determine was the best course.

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