Does absolute immunity apply to a malicious prosecution claim?
British Columbia, Canada
The following excerpt is from J.P. v. British Columbia (Children and Family Development), 2015 BCSC 1216 (CanLII):
In Nelles v. Ontario, 1989 CanLII 77 (SCC), [1989] 2 S.C.R. 170 at 199, Lamer J. said that absolute immunity does not apply to claims for malicious prosecution because malice should not limit the rights of individual citizens to seek a remedy. In making that statement, he distinguished between the exercise of discretion, errors in judgment, and negligence, on the one hand, and motive that involves improper purpose that “involves an abuse or perversion of the system of criminal justice for ends that it was not designed to serve…”.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
Can a plaintiff bring a claim for malicious prosecution in a civil proceeding? (British Columbia, Canada)
Can a plaintiff bring a claim of malicious prosecution under the terms of the collective agreement? (British Columbia, Canada)
Does absolute immunity apply to communications between a judge and a plaintiff? (British Columbia, Canada)
What is the basis for a claim for breach of contract where the applicant does not use the word "honestness" in his statement of claim? (British Columbia, Canada)
Does the actio personalis maxim apply to a claim under the Wills Variation Act? (British Columbia, Canada)
In what circumstances will the Respondent at the Human Rights Tribunal of B.C. claim that the Applicant be denied the right to continue to pursue his human rights claim? (British Columbia, Canada)
Does a witness in a civil proceeding have absolute immunity from civil action at common law? (British Columbia, Canada)
Does absolute privilege apply to statements made by a lawyer in the course of representing a client? (British Columbia, Canada)
Can a personal representative of the deceased's estate make a claim under s. 151(3) of the BC Supreme Court of Justice for personal representative leave to continue to pursue his claim? (British Columbia, Canada)
