Is a criminal prosecution arising from malicious motive and brought without reasonable cause actionable?
Saskatchewan, Canada
The following excerpt is from Sil v. Bracken, 2008 SKQB 484 (CanLII):
A criminal prosecution arising from malicious motive and brought without reasonable cause is civilly actionable upon the complainant pleading and establishing that the proceedings were initiated by the defendant but were then terminated in favour of the plaintiff, as well as the presence of malice or a primary purpose other than that of carrying the law into effect, combined with the absence of reasonable and probable cause. See Nelles v. Ontario, supra, at para. 42.
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