What are the elements of malicious prosecution?

Nova Scotia, Canada


The following excerpt is from MacLellan v. Canada (Attorney General), 2014 NSSC 280 (CanLII):

Malicious prosecution. The defendants say the elements of malicious prosecution are not adequately pleaded. The elements of malicious prosecution are set out in Nelles v. Ontario, 1989 CanLII 77 (SCC), [1989] 2 S.C.R. 170, per Lamer J. (as he then was) for the majority, at 192-193: There are four necessary elements which must be proved for a plaintiff to succeed in an action for malicious prosecution: 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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