What are the elements required to succeed in malicious prosecution?
Ontario, Canada
The following excerpt is from Davidoff v. Paderewski, 2020 ONSC 1171 (CanLII):
The four requisite elements required to succeed in action for malicious prosecution as set out in Nelles v. Ontario, 1989 CanLII 77 (SCC), [1989] 2 SCR 170 at paragraph 42 are: a) the proceedings must have been initiated by the defendant; b) proceeding 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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