Miazga v Kvello Estate
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. Specifically, the court held that there is no requirement for a public prosecutor to have a subjective belief that an accused person is actually guilty. Nor can there be a presumption of malice from a lack of reasonable and probable grounds.
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Miazga v Kvello Estate
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. Specifically, the court held that there is no requirement for a public prosecutor to have a subjective belief that an accused person is actually guilty. Nor can there be a presumption of malice from a lack of reasonable and probable grounds.
has abstract
Miazga v Kvello Estate, 2009 S ...... asonable and probable grounds.
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Wikipage page ID
25,036,242
Wikipage revision ID
721,593,311
case-name
Miazga v Kvello Estate
citations
decided-date
2009-11-06
Docket
full-case-name
Mathew Miazga v Estate of Denn ...... assen and Anita Janine Klassen
heard-date
2008-12-12
history
Judgment for plaintiffs in the Court of Appeal for Saskatchewan
ratio
Prior decisions on four requir ...... osecutor had malicious intent.
ruling
Appeal allowed
Unanimous
subject
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comment
Miazga v Kvello Estate, 2009 S ...... asonable and probable grounds.
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label
Miazga v Kvello Estate
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