What is the definition of a "factual situation" in a personal injury case?

Manitoba, Canada


The following excerpt is from Lowenberg v Oderbien, 2000 CanLII 21149 (MB QB):

Lord Diplock in Letang v. Cooper [1965] 1 Q.B. 232 gives a more simplistic definition; “simply a factual situation the existence of which entitles one person to obtain from the court a remedy against another person”

The issue of malicious prosecution (among others) was reviewed in Nelles v. Ontario (1998) 2 S.C.R. 170. Lamer, J. writing on behalf of the court laid out the following essentials; “There are four necessary elements which must be proved for a plaintiff to succeed in an action for malicious prosecution: (a) the proceedings must have been initiated by the defendant; (b) the proceedings must have been terminated in favour of the plaintiff; (c) the absence of reasonable and probable cause; (d) malice, or a primary purpose other than that of carrying the law into effect.”

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