In what circumstances will a prosecutor be found guilty of malicious prosecution?
Saskatchewan, Canada
The following excerpt is from Murray v. Saskatoon (City), 1951 CanLII 202 (SK CA):
In Taylor v. Willans (1831) 2 B & Ad 845, 109 ER 1357, an action for malicious prosecution, the prosecutor’s failure to testify at the prosecution was held not inapt “under the very peculiar circumstances of the case to raise an inference that his motive was a consciousness that he had no probable cause for instituting the prosecution.”
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