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Alberta Law: False Imprisonment

False Imprisonment is a direct, intentional imprisonment of another person. The law requires there to be a complete restriction on the Plaintiff's liberty. For there to be liability, there cannot be legal authorization for the imprisonment. The case of Bird v. Jones (1845)7QBR742 stands for the proposition that a mere obstruction such as construction on a road, does not count as an imprisonment.

The tort can be fairly broad- it can occur in a vehicle, in a medical setting, or in a police setting. Often this tort is employed in a police setting and involves a false arrest and assault; if the facts are particularly egregious aggravated and punitive damages may be sought. No damage needs to be proven. The amounts of these claims, like all torts, depend on the circumstances.

If you believe you have been a victim of False Imprisonment, please feel free to contact us.

The information contained in this article is not legal advice. No solicitor client relationship is formed through this article. The reader is encouraged to retain counsel for advice in these matters.

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