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Simon Shields, Lawyer

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Torts - Malicious Prosecution

Patinios v. Cammalleri (Ont CA, 2017)

In this case the Court of Appeal briefly sets out the elements of the tort of malicious prosecution:
[2] The appellant acknowledges that the trial judge applied the correct test for malicious prosecution, set out in Miazga v. Kvello Estate, 2009 SCC 51 (CanLII), [2009] 3 S.C.R. 339. The plaintiff must prove that: (1) the prosecution was initiated by the defendant; (2) it was terminated in the plaintiff's favour; (3) there was an absence of reasonable and probable cause to commence the prosecution; and (4) the defendant's conduct in setting the criminal process in motion was fueled by malice.

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