Is a motion to dismiss a motion for malicious prosecution pursuant to Rule 20 successful?

Ontario, Canada


The following excerpt is from Katzman v. Patterson Dental Canada Inc., 2003 CanLII 21335 (ON SC):

I conclude that the defendants' motion to dismiss the proceeding pursuant to Rule 20 must succeed. The decision in Nelles v. Ontario (1989) 1989 CanLII 77 (SCC), 60 D.L.R. (4th) 609 (S.C.C.) confirms at page 639 the four necessary elements to prove the tort of malicious prosecution. They include: (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 probably cause; (d) malice, or a primary purpose other than that of carrying the law in effect.

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