Malicious Prosecution
The test for malicious prosecution is set out in Miazga v. Kvello Estate , 2009 SCC 51, [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; · This requirement precludes a collateral attack on a conviction properly rendered by a criminal court, and thus avoids conflict between civil and criminal justice. · where the termination does not result from an adjudication on the merits, a live issue may arise whether the termination of the proceedings was “in favour” of the plaintiff: See Ferri v. Ontario (2007) 2007 ONCA 79 (CanLII), ONCA 79 , [2007] OJ No. 397 per LaForme J.A., at paras. 50-58 (3) there was an absence of reasonable and probable cause to commence the prosecution; · s. 108(10) of the Courts of Justice A...