What is the test for a malicious prosecution claim?
Ontario, Canada
The following excerpt is from Hawley v. Bapoo, 2007 ONCA 503 (CanLII):
To succeed in a claim for malicious prosecution, a plaintiff must establish that the defendant acted with malice: Nelles v. Ontario, 1989 CanLII 77 (SCC), [1989] 2 S.C.R. 170. The trial judge reviewed the evidence carefully and found that none of the defendants were actuated by malice. There was substantial evidence to support those findings. None of the errors that the appellants submit the trial judge made relate to his finding that there was no malice.
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