Counsel for both parties agree that the elements that must be proved to sustain an action in malicious prosecution are as follows: (a) the proceedings must have been initiated by the defendant; (b) the proceedings must have 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. (Nelles v. Ontario, 1989 CanLII 77 (SCC), [1989] 2 S.C.R. 170 [Nelles] para. 42)
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