What are the elements required for a malicious prosecution claim?

Ontario, Canada


The following excerpt is from Prince v. Attorney General of Ontario, 2018 ONSC 750 (CanLII):

The four elements required for a claim of malicious prosecution are well-established: see Miazga v. Kvello Estate, 2009 SCC 51 (CanLII), [2009] 3 S.C.R. 339 at paragraph 3. The defendant has conceded for the purposes of the motion that the claim satisfies the first two elements of the tort of malicious prosecution. However the defendant argues that the claim fails to plead material facts in support of the third and fourth elements, that the proceeding was instituted or continued in the absence of reasonable and probable cause, and that the proceedings were actuated by malice, or a primary purpose other than that of carrying the law into effect.

Other Questions


Is malicious prosecution exempt from the tort of malicious prosecution? (Ontario, Canada)
What are the elements required to succeed in malicious prosecution? (Ontario, Canada)
What are the elements of a successful claim for damages for malicious prosecution? (Ontario, Canada)
What are the elements for malicious prosecution and negligent investigation? (Ontario, Canada)
What is the test for a malicious prosecution claim? (Ontario, Canada)
What are the elements of a claim for damages arising out of a medical malpractice claim? (Ontario, Canada)
What are the elements required to make out a claim of negligent misrepresentation? (Ontario, Canada)
Is a motion for a stay of execution pending a counter-claim, cross-claim and third party claim valid? (Ontario, Canada)
How does the issue of racial profiling relate to the claim for malicious prosecution? (Ontario, Canada)
What are the elements required to establish a claim in negligent misrepresentation? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.