What is the test for using a dog to apprehend a plaintiff?
British Columbia, Canada
The following excerpt is from Mohamed v. Vancouver (City of), 2001 BCCA 290 (CanLII):
Once the plaintiff has established a prima facie case of assault, the onus of proving justification for the assault, and use of force which is not excessive, rests on the defence: see Mann v. Balaban et al (1969), 1969 CanLII 5 (SCC), 8 D.L.R. (3d) 548 (S.C.C.). The learned trial judge found use of the dog in apprehending the plaintiff was "perfectly justified" and he gave his reasons for holding that view:
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