What is the test for establishing malicious prosecution?
Ontario, Canada
The following excerpt is from R. H. v. Ontario (Ministry of the Attorney General), 2002 CanLII 2835 (ON SC):
The onus placed on a plaintiff to establish malicious prosecution may be satisfied by proving that the defendant had before him facts pointing so overwhelmingly to the plaintiff’s innocence that no reasonable person could have believed in the plaintiff’s guilt. Cellini v. Ontario [2000] O.J. No. 180 at para. 25.
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