What are the elements of a cause of action for malicious prosecution?
British Columbia, Canada
The following excerpt is from Strauss v. Jarvis, 2007 BCCA 605 (CanLII):
This appeal focused on the pleadings related to the cause of action for malicious prosecution. The elements of that cause of action, as outlined in Nelles v. Ontario, 1989 CanLII 77 (SCC), [1989] 2 S.C.R. 170 at 193, 60 D.L.R. (4th) 609 [Nelles cited to S.C.R.], are: 1. the proceedings must have been initiated by the defendant; 2. the proceedings must have been terminated in favour of the plaintiff; 3. the absence of reasonable and probable cause; and 4. malice, or a primary purpose other than that of carrying the law into effect. Rule 19(1) requires that the Statement of Claim must allege the material facts to support these elements.
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