What is the test for malicious prosecution and defamation?

British Columbia, Canada


The following excerpt is from Gill v Morgason, 2021 BCSC 874 (CanLII):

I also see little meaningful similarity between this case and Ancheta v. Joe, 2003 BCSC 93. In that case, the claim of the self-represented plaintiff for malicious prosecution and defamation was permitted to proceed to trial. The plaintiff had attended at his workplace and, after referring to recent workplace shootings in the United States, allegedly threatened to shoot his co-workers. He was terminated, and charged with criminal offences, which charges were dismissed. The plaintiff sued a number of parties, and advanced various causes of action. Some were found to arise from the collective agreement, some not.

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