In what circumstances will a defendant be liable in a trespass action for his own imprisonment?
Saskatchewan, Canada
The following excerpt is from Elliott v. Winkenweder, 1920 CanLII 199 (SK QB):
In Grimes v. Miller, 23 O.R. 764, the headnote is in part as follows: His liability in an action of trespass for such imprisonment would depend upon whether he had directly interfered in and caused the arrest or whether the conviction and imprisonment were the acts of the magistrates alone.
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