Charter-offending material in a civil action — Malice requirement — Reasonable and probable cause to initiate prosecution — What is the test for the admission or exclusion of Charter-offending material in a civil action? — To what extent should the Crown’s decision to withdraw criminal charges affect the assessment of reasonable and probable grounds under the third branch of the test for malicious prosecution set out by this Court in Kvello v. Miazga? Granted 05/21/2026 — Supreme Advocacy acted as agent for the Applicant.
Read the lower court decision from the ONCA here.