Is malicious prosecution exempt from the tort of malicious prosecution?
Ontario, Canada
The following excerpt is from Baker v. Poser, 2004 CanLII 43949 (ON SC):
While the tort of malicious prosecution is necessarily exempted, one of the essential elements of that tort is that the proceedings be initiated by the defendant; Nelles v. Ontario (1989), 1989 CanLII 77 (SCC), 60 D.L.R. (4th) 609 (S.C.C.). Here, that necessary essential cannot be met as the criminal proceedings were initiated before any act is alleged to have been done by this defendant.
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