Silva v. Silva – sllr 2002 volume 2 page 029

The case between Silva (plaintiff-appellant) and Silva (defendant-respondent) addressed the issue of malicious prosecution. It was determined that, to succeed in such an action, the plaintiff must establish the prosecution was based on a false charge, instituted with malice (animus injuriandi) rather than to vindicate public justice, undertaken without reasonable or probable cause, and that the proceedings concluded in the plaintiff’s favor. The court held that an acquittal alone does not substantiate the falsity of a charge or absence of reasonable cause, and malice must be expressly established by the plaintiff. The holding reaffirmed principles derived from established case law regarding the onus in malicious prosecution, and resulted in dismissal of the appeal with imposition of taxed