What is the test for damages for malicious prosecution?
Ontario, Canada
The following excerpt is from Johnson v Cline, 2017 ONSC 3916 (CanLII):
The claim for damages for malicious prosecution is not subsumed in the tort of nuisance. As established in Nelles v. Ontario, 1989 CanLII 77 (SCC), [1989] 2 S.C.R. 170, the elements of this tort are set out at paragraph 42 as follows: (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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