What is the test for malicious prosecution when a plaintiff is acquitted at trial of an offence with which he had been charged?

Saskatchewan, Canada

The following excerpt is from Milgaard v. Kujawa, 1993 CanLII 8951 (SK QB):

That proposition is undoubtedly well-founded, but, I suggest, applied invariably only where a plaintiff is acquitted at his trial of the offence with which he had been charged. In a suit for malicious prosecution it is required, "... that the plaintiff prove absence of reasonable and probable grounds for the action prosecuted as well as that the defendant was actuated by malice in what was done", per Kerans, J.A.. in German v. Major, supra, at p. 709. In German v. Major, German had been acquitted on charges of tax evasion brought by the Attorney General of Canada. In the present case, the plaintiff was convicted on a charge of non-capital murder.

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