In malicious prosecution claims, the plaintiff must discharge the onus of proving absence of reasonable and probable cause separately for each charge, by reference to the specific evidentiary material available to the prosecutor for that charge. Findings of police misconduct in effecting an arrest, or improper motive, do not of themselves establish absence of reasonable and probable cause where the prosecutor had personal knowledge of facts supporting the charges. A generic finding of absence of reasonable and probable cause without charge-by-charge analysis is insufficient. For damages in intentional tort cases, the Riley approach requires assessment of ordinary and aggravated compensatory damages together before determining whether exemplary damages are necessary, and exemplary damages serve the purpose of punishment and deterrence focused on the defendant's conduct, not assuaging the plaintiff.
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