What is the test for a claim of malicious prosecution?
Nova Scotia, Canada
The following excerpt is from Poirier v. White, 2010 NSSC 406 (CanLII):
As was the case in Sherman v. Giles, supra, although the claim of malicious prosecution is flawed because the particulars have not been provided and because malice has not been plead, it cannot be said that the claim would be unsustainable if amended.
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