What is the test for false imprisonment and malicious prosecution?
Saskatchewan, Canada
The following excerpt is from Kendall and Kendall v. Gambles Canada Ltd., Graham, Bowering and Landru, 1981 CanLII 2149 (SK QB):
Frey v. Fedoruk (supra) provides an instructive interpretation and application of the law. There the plaintiff was chased, caught and detained by Fedoruk after he had been seen on Fedoruk’s property looking into a lighted side window of the house where a woman was preparing for bed. A policeman was called, arrested the plaintiff without warrant and charged him with acting in a manner “likely to cause a breach of the peace by peeping . . .”. The plaintiff was convicted but acquitted on appeal. He then sued for false imprisonment and malicious prosecution.
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