What is the test for determining reasonable and probable cause?
Saskatchewan, Canada
The following excerpt is from Anderson v. Johnston, 1918 CanLII 152 (SK CA):
The case of Lister v. Ferryman (1870) L.R. 4 H.L. 521; 39 L.J. Ex. 177, established the general principle that it is a rule of law that the jury must find the facts on which the question of reasonable and probable cause depends, but that the Judge must then determine whether the facts found do constitute reasonable and probable cause. No definite rule can be laid down for the exercise of the Judge’s judgment.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for determining whether there was malice in a jury's finding that there was no reasonable and probable cause? (Saskatchewan, Canada)
What constitutes reasonable and probable cause? (Saskatchewan, Canada)
What is the time frame for determining whether the accused is tried within a reasonable time? (Saskatchewan, Canada)
What is the test for an adult child to withdraw from parental charge by reason of pursuing a reasonable course of post-secondary education? (Saskatchewan, Canada)
What is reasonable and what is reasonable in the context of a claim in a personal injury case? (Saskatchewan, Canada)
What documents are properly to be considered on an application to strike out a statement of claim on the grounds that it discloses no reasonable cause of action? (Saskatchewan, Canada)
What is the test for determining whether a person can be held liable for damages caused by a cat in an enclosure? (Saskatchewan, Canada)
What is the test for liability for damage caused to a person’s property by workmen who cause damage to the property? (Saskatchewan, Canada)
Does the word "cause of action" mean the whole cause of action? (Saskatchewan, Canada)
What is the test for determining whether a coupling between a vehicle and a crane is a cause of damage to the vehicle? (Saskatchewan, Canada)
