What is the tort of malicious prosecution?
Ontario, Canada
The following excerpt is from Johnston v. 2019796 Ontario Inc., 2017 ONSC 4310 (CanLII):
The tort of malicious prosecution has four elements, namely, that the proceedings must have been: (1) initiated by the defendant; (2) terminated in favour of the plaintiff; (3) undertaken without reasonable and probable cause to commence or continue the prosecution; and (4) motivated by malice or a primary purpose other than that of carrying the law into effect. See Nelles v. Ontario, 1989 CanLII 77 (SCC), [1989] 2 S.C.R. 170, at pp. 192-194.
"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 malicious prosecution exempt from the tort of malicious prosecution? (Ontario, Canada)
What is the test for malicious prosecution? (Ontario, Canada)
What are the elements of a successful claim for damages for malicious prosecution? (Ontario, Canada)
What is the test for a malicious prosecution claim? (Ontario, Canada)
Can a tort be advanced independently of the allegations of malicious prosecution and negligence? (Ontario, Canada)
What are the general damages for malicious prosecution? (Ontario, Canada)
Is a motion to dismiss a motion for malicious prosecution pursuant to Rule 20 successful? (Ontario, Canada)
What are substantial indemnity costs for malicious prosecution? (Ontario, Canada)
What are the elements required to succeed in malicious prosecution? (Ontario, Canada)
What is the test for establishing malicious prosecution? (Ontario, Canada)
