What is a good defence to a malicious arrest claim?
Saskatchewan, Canada
The following excerpt is from Schaal v. Reeves, 1918 CanLII 257 (SK QB):
In Ravenga v. Mackintosh, 4 D. & R. 107; 2 B. & C. 693; 1 Car. & P. 204; 107 E.R. 541, it was held to be a good defence to an action for malicious arrest that the defendant, when he caused the plaintiff to be arrested, acted bona fide upon the opinion of a legal adviser of competent skill and ability, and believed that he had a good cause of action against the plaintiff.
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