What is the test for damages for malicious prosecution?
Ontario, Canada
The following excerpt is from Johnson v Cline, 2017 ONSC 3916 (CanLII):
The claim for damages for malicious prosecution is not subsumed in the tort of nuisance. As established in Nelles v. Ontario, 1989 CanLII 77 (SCC), [1989] 2 S.C.R. 170, the elements of this tort are set out at paragraph 42 as follows: (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.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is malicious prosecution exempt from the tort of malicious prosecution? (Ontario, Canada)
What are the general damages for malicious prosecution? (Ontario, Canada)
What are the elements of a successful claim for damages for malicious prosecution? (Ontario, Canada)
Is a motion to dismiss a motion for malicious prosecution pursuant to Rule 20 successful? (Ontario, Canada)
What is the difference between damages for mental distress and aggravated damages for breach of contract? (Ontario, Canada)
What are substantial indemnity costs for malicious prosecution? (Ontario, Canada)
What are the damages for damages for loss of capital loss and loss of value in a personal injury case? (Ontario, Canada)
When dealing with punitive damages, when dealing with compensatory damages, does the court have a much greater scope and scope on appeal? (Ontario, Canada)
In what circumstances will a jury award damages for medical malpractice for a plaintiff who sustained long-term brain damage as a result of a motor vehicle accident? (Ontario, Canada)
Can a landlord obtain damages from a tenant for damage caused to the roof of a residential unit where the tenant is no longer paying rent? (Ontario, Canada)
