What are the elements of a malicious prosecution claim?
Alberta, Canada
The following excerpt is from Boudreault v. Barrett, 1998 ABCA 232 (CanLII):
The four elements a plaintiff must prove to succeed in an action for malicious prosecution were set out by Lamer, J. (as he then was) in Nelles v. R. (1988), 1989 CanLII 77 (SCC), 49 C.C.L.T. 217 (S.C.C.) at 238: There are four necessary elements which must be proved for a plaintiff to succeed in an action for malicious prosecution: a) the proceedings must have been initiated by the defendant; b) the proceedings must have terminated in favour of the plaintiff; c) the absence of reasonable and probable cause; d) malice, or a primary purpose other than that of carrying the law into effect.
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