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Malicious prosecution is a common law intentional tort.Like the tort of abuse of process, its elements include (1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is (2) brought without probable cause and (3) dismissed in favor of the victim of the malicious prosecution.
Miazga v Kvello Estate, 2009 SCC 51 is a leading decision of the Supreme Court of Canada on how the tort of malicious prosecution applies to Crown attorneys and other public prosecutors.
Canadian tort law is composed of two parallel systems: ... Malicious prosecution – Similar to abuse of process, but includes intent, ...
Canadian patent law: Canada (Minister of Citizenship and Immigration) v Khosa [2009] 1 S.C.R. 339, 2009 SCC 12 March 6, 2009 Standard of review in administrative law BMP Global Distribution Inc v Bank of Nova Scotia [2009] 1 S.C.R. 504, 2009 SCC 15 April 2, 2009 Restitution and tracing: R v Patrick [2009] 1 S.C.R. 579 , 2009 SCC 17 April 9, 2009
An abuse of process is the unjustified or unreasonable use of legal proceedings or process to further a cause of action by an applicant or plaintiff in an action. It is a claim made by the respondent or defendant that the other party is misusing or perverting regularly issued court process (civil or criminal) not justified by the underlying legal action.
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Recourse to the criminal law power cannot be based solely on concerns for efficiency or consistency, as such concerns, viewed in isolation, do not fall under the criminal law. There are limits to the power's extent under the Canadian Charter of Rights and Freedoms , most notably on the question of proportionality .
Reenactment of the Code, with modernization of provisions. It abolished all common law offences (other than for contempt of court), as well as any offences created by the British Parliament or in effect under an Act or ordinance in any place before becoming part of Canada. [18] Criminal Law Amendment Act, 1968–69, S.C. 1968–69, c. 38 [19]