What is the test for a malicious prosecution action?
Manitoba, Canada
The following excerpt is from Alevizos v. Manitoba Chiropractors Association et al, 2009 MBQB 116 (CanLII):
The case of Nelles v. Ontario, 1989 CanLII 77 (SCC), [1989] 2 S.C.R. 170 at p. 192-193, [1989] S.C.J. 86 (QL) has set out the four elements that must be proven in order to succeed in a malicious prosecution action. They are: (a) The proceedings must have been initiated by the defendant; (b) The proceedings must have been terminated in favour of the plaintiff; (c) An absence of reasonable and probable cause must be established; (d) Malice, or a primary purpose other than that of carrying the law into effect must exist. (para. 42) (a) The proceedings must have been initiated by the defendant.
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