What is the relevance of the role of the proposed new defendants in a malicious prosecution action?
British Columbia, Canada
The following excerpt is from Strauss v. Jarvis, 2005 BCSC 1830 (CanLII):
Counsel for the plaintiff says that the matter is vital to the case, in essence that the actions of the proposed new defendants are part of the chain of events leading to the prosecution. That is not his wording, but my characterization of his submissions regarding the involvement of the proposed new defendants, in that they are the ones who are alleged to have actually prepared and laid the seventy-three charges. He submits that it may be necessary, to succeed on a claim of malicious prosecution, to name the personal individuals who laid the charges. He refers, in that regard, to the first element set out by Mr. Justice Lamer in Nelles v. Ontario, 1989 CanLII 77 (SCC), [1989] 2 S.C.R. 170 as a requirement to succeed in an action for malicious prosecution. That is paragraph 42 of that decision: (a) The proceedings must have been initiated by the defendant.
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