The elements of the tort of malicious prosecution were set out in Nelles v. Ontario, 1989 CanLII 77 (SCC), [1989] 2 S.C.R. 170, [1989] S.C.J. No. 86, where Lamer J. said at para. 42: There are four necessary elements which must be proved for a plaintiff to succeed in an action for malicious prosecution: 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.
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