What are the elements of misfeasance in public office?
British Columbia, Canada
The following excerpt is from Williamsburg Water Utility Co. Ltd. v Comptroller of Water Rights-Water Management Branch, 2019 BCSC 2069 (CanLII):
In Carhoun & Sons Enterprises Ltd. v. Canada (Attorney General), 2015 BCCA 163 at para. 130, Madam Justice Garson summarized the elements of Category B misfeasance in public office from Odhavji Estate v. Woodhouse, 2003 SCC 69 at para. 23, as: 1. A public officer engaged in deliberate and unlawful conduct in his or her capacity as a public officer. 2. The public officer was aware both that his or her conduct was unlawful and that it was likely to harm the plaintiff. 3. The public official’s action caused legally recoverable damages.
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