The Power of Perspectives

The Canadian Bar Association

Jasmine Lothian

Litigation

Suing for malicious prosecution in civil matters

By Jasmine Lothian February 26, 2018 26 February 2018

Suing for malicious prosecution in civil matters

 

The tort of malicious prosecution as a remedy for defendants who have been damaged by unjustifiable criminal proceedings is well established in law. In various common law jurisdictions — namely in the United Kingdom and the United States — it has been gradually expanded to include unjustifiable or frivolous civil suits. Canada, however, has yet to officially recognize this new tort as there are lingering concerns about balancing competing public policy interests between having plaintiffs bring their complaints before courts without fear of recrimination and protecting citizens from the harassment of meritless litigation. However, it’s time that Canadian courts reconsider their position.

The UK

In a landmark 2016 decision, Willers v Joyce, the U.K. Supreme Court confirmed in 2016 that a person can sue another for malicious prosecution in civil proceedings. Lord Toulson, delivering the lead judgment, stated “it seems instinctively unjust for a person to suffer injury as a result of the malicious prosecution of legal proceedings for which there is no reasonable ground, and yet not be entitled to compensation for the injury intentionally caused by the person responsible for instigating it.

Read More

Currently doesn't have any blogs.

Current Issue

Editor's Picks

Editor's Picks

Editor's Picks