What are the elements for a malicious prosecution action?

British Columbia, Canada


The following excerpt is from Fouad v. Longman, 2014 BCSC 785 (CanLII):

The seminal case on malicious prosecution, Nelles v. Ontario, 1989 CanLII 77 (SCC), [1989] 2 S.C.R. 170 established the presence of four elements for a successful malicious prosecution action (at para. 42): 1. the proceedings were initiated by the defendant; 2. the proceedings terminated in the plaintiff’s favour; 3. there was an absence of reasonable and probable cause for initiating the proceedings against the plaintiff; and 4. there was malice, or a primary purpose other than properly carrying the law into effect, on the part of the defendant.

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