What are the general damages for malicious prosecution?
Ontario, Canada
The following excerpt is from Pearson v. Mian, 2006 CanLII 38884 (ON SC):
Three heads of general damages for malicious prosecution were established by Holt C.J. in the case of Savill v. Robert (1698), 1 Ld. Raym. 374 at 378; 91 E.R. 1147 at 1149. They are: a) damages to a person's "good name, fame, credit and esteem"; b) damages to the person which include an emotional reaction to the prosecution and the risks attendant thereto; and c) damages to property, which generally refers to financial loss due to mounting a defense or loss of earnings.
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