Where a prosecution turns solely on questions of statutory construction, the objective element of reasonable and probable cause for malicious prosecution is assessed by asking whether the construction supporting guilt was reasonably available to the prosecutor at the time charges were laid, not whether it was ultimately correct. The Jones v Dunkel rule cannot cure a plaintiff's failure to establish a prima facie case of absence of reasonable and probable cause; the rule permits the court to draw inferences with greater confidence but cannot fill a deficiency in the evidence. An offer of compromise by a defendant offering a verdict with each party bearing their own costs complies with UCPR r 20.26(2) and involves an element of compromise where the defendant forgoes substantial accrued costs.
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