What is the test for a plaintiff to succeed in her claim against a defendant?
Ontario, Canada
The following excerpt is from G.C. v. Ontario (Attorney General), 2014 ONSC 455 (CanLII):
For the plaintiff to satisfy the first element, the defendant must have been instrumental in setting the prosecution in motion or in continuing the prosecution of the criminal charges: Miazga v. Kvello Estate, supra at para. 53.
For the plaintiff to satisfy the second element, the prosecution must have terminated in the plaintiff's favour. This requirement may be satisfied in a variety of ways including acquittal, a discharge at a preliminary hearing, a withdrawal, a stay, and sometimes by a settlement or a plea bargain: Miazga v. Kvello Estate, supra at para. 54.
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