New Guidance In Establishing A Successful Reasonable Use Of Force Defence

On May 13, 2019, the Alberta Court of Queen's Bench released its decision in Day v Woodburn. This case will provide welcomed guidance and support to those involved in insuring and defending individuals employed in the law enforcement or security industries. In the decision, Justice Renke provides a meticulous examination of the test for reasonable use of force outlined in Crampton v Walton 2005 ABCA 81 ("Crampton"). While the second stage of the Crampton test has been exhaustively discussed in other decisions, Day provides a much needed analysis of the third stage used in determining whether the level of force used was reasonable. This analysis will assist defence counsel and insurers alike in establishing a robust defence of reasonable use of force.