This paper reviews in detail the developments in the common law tort of malicious prosecution from the Nelles v. Ontario decision and its subsequent interpretations by the judiciary up to the recent Saskatchewan Court of Appeal decision in Miazga v. Kvello Estate. In response to these developments and to the concerns, the working group has considered in this paper the merits of making Attorneys General solely liable for the tort of malicious prosecution, the development of methods to more effectively weed out frivolous lawsuits, and the prospect of tightening through uniform law the criteria that are used to determine whether a malicious prosecution action can be commenced against a Crown.