Manitoba, Canada
The following excerpt is from Lowenberg v Oderbien, 2000 CanLII 21149 (MB QB):
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.”
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.