Archive for May 27th, 2009

Malicious Prosecution

In Canada the term “malicious prosecution” refers to a tort (civil wrong) against the Crown attorney for improperly initiating or proceeding with criminal prosecution.*
The word “malicious” is quite misleading here. It does not denote spite on the part of the prosecutor; rather it refers to an improper purpose or a claim without merit. For example, [...]

 

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