The four elements required for a claim of malicious prosecution are well-established: see Miazga v. Kvello Estate, 2009 SCC 51 (CanLII), [2009] 3 S.C.R. 339 at paragraph 3. The defendant has conceded for the purposes of the motion that the claim satisfies the first two elements of the tort of malicious prosecution. However the defendant argues that the claim fails to plead material facts in support of the third and fourth elements, that the proceeding was instituted or continued in the absence of reasonable and probable cause, and that the proceedings were actuated by malice, or a primary purpose other than that of carrying the law into effect.
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