What is the test for liability in a civil case?
Alberta, Canada
The following excerpt is from Radford v. Stewart, 2010 ABQB 586 (CanLII):
I canvassed the law in my decision on the non-suit application. There is no doubt that the test for liability is set out in Nelles v. Ontario, 1989 CanLII 77 (SCC), [1989] 2 S.C.R. 170: 1. The prosecution must have been initiated by the defendant; 2. The proceedings must have been terminated in favour of the plaintiff; 3. There must be an absence of reasonable and probable cause; and 4. There must be malice or a primary purpose other than that of carrying the law into effect.
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