Global InformationMiazga v Kvello Estate information
| Miazga v Kvello Estate | |
|---|---|
 Supreme Court of Canada | |
| Hearing: December 12, 2008 Judgment: November 6, 2009 | |
| Full case name | Mathew Miazga v Estate of Dennis Kvello (by his personal representative, Diane Kvello), Diane Kvello, S.K.1, S.K.2, Kari Klassen, Richard Klassen, Pamela Sharpe, Estate of Marie Klassen (by her personal representative, Peter Dale Klassen), John Klassen, Myrna Klassen, Peter Dale Klassen and Anita Janine Klassen |
| Citations | 2009 SCC 51 |
| Docket No. | 32209 [1] |
| Prior history | Judgment for plaintiffs in the Court of Appeal for Saskatchewan |
| Ruling | Appeal allowed |
| Holding | |
| Prior decisions on four required elements for the tort of malicious prosecution upheld, but modified for public prosecutors: 1) public prosecutors are not required to have a subjective belief that an accused person is guilty, and 2) a lack of reasonable and probable grounds does not create an inference that a public prosecutor had malicious intent. | |
| Court membership | |
| Reasons given | |
| Unanimous reasons by | Charron J. |
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.
- ^ SCC Case Information - Docket 32209 Supreme Court of Canada