What are the elements of malicious procurement of a search warrant?

Nova Scotia, Canada


The following excerpt is from Symington v. Halifax (Regional Municipality), 2011 NSSC 474 (CanLII):

With respect to the tort of malicious procurement of a search warrant, the elements of that tort are described in Gibbs v. Rea [1998] 3 WLR 72 (PC) at p. 80: In essence the plaintiff must show: 1. That the defendant made or caused to be made a successful application for the search warrant. 2. That the defendant did not have reasonable and probable cause to make the application... 3. That the defendant acted with malice, and 4. That the damage resulted from the issue or execution of the warrant.

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