What is the standard of proof required for a learned trial judge to prove a claim of false imprisonment?

Saskatchewan, Canada


The following excerpt is from Wilson v. Erbach, 1966 CanLII 340 (SK CA):

To ascertain the standard of proof required the learned trial judge quite properly referred to Smith v. Smith and Smedman 1952 CanLII 3 (SCC), [1952] 2 SCR 312, and quoted Cartwright, J., who said at p. 331: “It is usual to say that civil cases may be proved by a preponderance of evidence or that a finding in such cases may be made upon the basis of a preponderance of probability and I do not propose to attempt a more precise statement of the rule. I wish, however, to emphasize that in every civil action before the tribunal can safely find the affirmative of an issue of fact required to be proved it must be reasonably satisfied, and that whether or not it will be so satisfied must depend upon the totality of the circumstances on which its judgment is formed including the gravity of the consequences of the finding.”

Other Questions


What is the standard of proof required to sustain a claim of suicide in a life insurance claim? (Saskatchewan, Canada)
What is the standard of proof required for a claim to be successful in an insurance claim? (Saskatchewan, Canada)
What is the standard for a trial judge to accept all the evidence presented to the court? (Saskatchewan, Canada)
What is the test for a false imprisonment claim? (Saskatchewan, Canada)
What is the effect of a learned trial judge's finding that two drivers were not at fault in a motor vehicle accident? (Saskatchewan, Canada)
In what circumstances will the trial judge allow the parents of a plaintiff to participate in the trial? (Saskatchewan, Canada)
In what circumstances will the court interfere with the chambers judge or trial judge on an interim maintenance order? (Saskatchewan, Canada)
Does a learned trial judge wrong in his analysis of the provisions of the Land Titles Act? (Saskatchewan, Canada)
What are the grounds of appeal against the finding that a learned trial judge erred in fact and law in ruling that the force used was substantial? (Saskatchewan, Canada)
Does a learned chambers judge erred in holding that in law can not be determined prior to trial by law? (Saskatchewan, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.