The Ontario Reports : Containing Reports of Cases Decided in the Queen's Bench And Chancery Divisions of the High Court of Justice for Ontario 27 (1896)
The Ontario Reports : Containing Reports of Cases Decided in the Queen's Bench And Chancery Divisions of the High Court of Justice for Ontario 27 (1896)
Ontario. High Court of Justice
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73 ; and also because no valid notice of action had been given ; the notice of action being for malicious prosecution, not for trespass ; that as to the malicious prosecution, the defen- dant, having been brought before the magistrate, and having made no objection to his jurisdiction, the mi^jis- trate had power to deal with the case, and act on the evidence brought before him ; that it was necessary to allege and prove malice and want of reasonable and pro- bable cause, which the plaintiff had... failed to do ; and that the evidence sufficiently established absence of malice and reasonable and probable cause. The learned Judge was of opinion that the cause of action for malicious prosecution failed, as no malice or want of reasonable and probable cause was shewn ; and that as to the trespass, without deciding whether it wa
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