Commentary: New Brunswick Real Estate Association v. Estabrooks, 2014 NBCA 48

By Stewart McKelvey

http://canliiconnects.org/en/summaries/29119

Conclusion:

“The majority decision in Estabrooks will be a good precedent for professional regulatory bodies sued for malicious prosecution based on disciplinary proceedings that turned out to be unfounded – and for counsel and litigants urging a cautious approach to the expansion of any contested tort. But as the dissent points out, there is now a conflict in the Canadian case law on malicious prosecution. It might take a trip to the Supreme Court of Canada to settle the dispute.”

 

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