1. Intentional Interference with the Person, cont.

2. Outline False imprisonment. Malicious prosecution. Abuse of process.
Intentional infliction of nervous shock.
Innominate intentional torts.

3. False imprisonment A direct, intentional, complete imprisonment
that is not lawfully justified.
There is no need to prove damage.

4. Elements of malicious prosecution:
proceedings are initiated by the defendant;
the proceedings are terminated in the plaintiff’s favour;
there was an absence of reasonable and probable cause for initiating the proceedings;
there was malice (or other improper purpose) behind the defendant’s action; and
the plaintiff must suffer some loss or damage.

5. Type of proceedings Stoffman v. Ontario Veterinary Association
criminal prosecution
limited civil actions
petition in bankruptcy
petition for winding-up of public company
broad language in Nelles supports finding that it can apply to disciplinary proceedings

6. Elements of malicious prosecution:
proceedings are initiated by the defendant;
the proceedings are terminated in the plaintiff’s favour;
there was an absence of reasonable and probable cause for initiating the proceedings;
there was malice (or other improper purpose) behind the defendant’s action; and
the plaintiff must suffer some loss or damage.

7. An absence of reasonable and probable cause ...
subjective element – an honest belief in the guilt of the plaintiff
objective element – a rational basis for the honest belief

8. Elements of malicious prosecution:
proceedings are initiated by the defendant;
the proceedings are terminated in the plaintiff’s favour;
there was an absence of reasonable and probable cause for initiating the proceedings;
there was malice (or other improper purpose) behind the defendant’s action; and
the plaintiff must suffer some loss or damage.

9. Stoffman – types of damage
damage to a person’s “fame”
damage to a person
damage to a person’s property

10. Elements of abuse of process
the defendant brought a civil action;
the defendant did this for an improper purpose;
the defendant undertook, or threatened to undertake, some overt act in addition to the litigation in order to further the improper purpose; and
the plaintiff suffered some loss or damage.

11. Elements of intentional infliction of nervous shock
outrageous or extreme conduct that is intended to cause a severe impact on the plaintiff’s psychological well-being; and
the plaintiff must suffer “nervous shock”.

12. Elements of innominate intentional tort
All intentional infliction of bodily harm.
Where “the defendant wilfully did an act calculated to cause harm or loss to the plaintiff”.
(para. 14, Cant v. Cant)