What is the tort of malicious prosecution?

Ontario, Canada


The following excerpt is from Johnston v. 2019796 Ontario Inc., 2017 ONSC 4310 (CanLII):

The tort of malicious prosecution has four elements, namely, that the proceedings must have been: (1) initiated by the defendant; (2) terminated in favour of the plaintiff; (3) undertaken without reasonable and probable cause to commence or continue the prosecution; and (4) motivated by malice or a primary purpose other than that of carrying the law into effect. See Nelles v. Ontario, 1989 CanLII 77 (SCC), [1989] 2 S.C.R. 170, at pp. 192-194.

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