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Canadian law

The tort of malicious prosecution was reviewed in 2009 by the Supreme Court of Canada in Miazga v. Kvello Estate, and specifically how it applied to public prosecutors in Canada. The court outlined the four required elements for the tort of malicious prosecution: (i) The prosecution must be initiated by the defendant; (ii) The prosecution must be terminated in the plaintiff's favour. (iii) There was a lack of reasonable and probable grounds to commence or continue the prosecution; and (iv) The defendant was motivated to commence or to continue the prosecution due to malice.