What is the test for intentional tort of malicious prosecution?
Ontario, Canada
The following excerpt is from Upchurch v. Oshawa (City), 2014 ONCA 425 (CanLII):
Absent these requirements, neither “errors in judgment or discretion or even professional negligence” are sufficient to establish the intentional tort of malicious prosecution. (See Nelles v. Ontario, 1979 CanLII 219 (SCC), [1979] 2 S.C.R. 170)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is malicious prosecution exempt from the tort of malicious prosecution? (Ontario, Canada)
If a parent is intentionally undereployed, is it a bad faith or intention to evade support obligations inherent in intentional underemployment? (Ontario, Canada)
What is the test for establishing malicious prosecution? (Ontario, Canada)
What are substantial indemnity costs for malicious prosecution? (Ontario, Canada)
What are the elements required to succeed in malicious prosecution? (Ontario, Canada)
What is the test for a malicious prosecution claim? (Ontario, Canada)
Is there any case law that allows a plaintiff to plead both an intentional tort of negligence and an unintentional tort of intentional negligence? (Ontario, Canada)
What is settled intention and what is the definition of settled intention? (Ontario, Canada)
What is the test for a plaintiff to allege intentional or malicious conduct? (Ontario, Canada)
What are the elements of a successful claim for damages for malicious prosecution? (Ontario, Canada)
