The tort of malicious prosecution
Tort law allows an individual to sue for such things such as, wrongful imprisonment, false arrest, false imprisonment and malicious prosecution.
Feel free to browse my section on false arrest.
In order to be successful in this type of civil lawsuit Mr. Ghomeshi would have to prove the prosecution was:
- Initiated by the defendant;
- Terminated in favour of the plaintiff;
- Undertaken without reasonable and probable cause;
- Motivated by malice or a primary purpose other than that of carrying the law into effect.
These factors are from the Supreme Court of Canada case called Miazga v. Kvello Estate.
Factors 1 and 2 would certainly be in favour of Mr. Ghomeshi. Factors 3 and 4 would require a critical assessment. This is where the trial judges’ decision is so important and the testimony of the complainants since there was no “smoking gun”.
I have no hesitation in concluding that the quality of the evidence in this case is incapable of displacing the presumption of innocence. The evidence fails to prove the allegations beyond a reasonable doubt.
Tort lawsuits for malicious prosecution are always challenging and the state typically mounts an aggressive civil defence. Whether or not Mr. Ghomeshi will consider his civil legal options could be contingent on the outcome of any other cases pending against him.
Call our law office today to speak with one of our Burlington Criminal Lawyers. We provide criminal law services in Halton and Burlington.
PH: 416-505-4901
901 Guelph Line, Burlington, ON
