What is the test for determining whether there was malice in a jury's finding that there was no reasonable and probable cause?
Saskatchewan, Canada
The following excerpt is from Baker v. Tedford & Hossie, 1909 CanLII 79 (SK QB):
The element of malice, which it was proper for the jury to consider as a subsidiary question, and the affirmative finding which they presumably based upon the evidence of business rivalry, is not a matter for me to consider. It is sufficient that I should find that there was no reasonable and probable cause. (See dictum of Burton, J.A., in Grimes v. Miller, 23 O.A.R., at p. 768.
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