What are the grounds for malice in the statement of claim?

Prince Edward Island, Canada


The following excerpt is from Ayangma v. Gov. of PEI & Ors., 2005 PESCTD 25 (CanLII):

The plaintiff asserts malice throughout the claim, so I have added it to the grounds for which he claims relief. Malice is defined as “the intentional doing of a wrongful act without just cause or excuse, with an intent to inflict an injury or under circumstances that the law will imply an evil intent” (Blacks Law Dictionary). In Roncarelli v. Duplessis, 1959 CanLII 50 (SCC), [1959] S.C.R. 121 (a case quoted by the plaintiff at paragraph 27 of his statement of claim), it is said that malice by a government is defined thus (at page 141): Malice in the proper sense is simply acting for a reason and purpose knowingly foreign to the administration [of the law], to which was added here the element of intentional punishment by what was virtually vocational outlawry. It may be difficult if not impossible in cases generally to demonstrate a breach of this public duty in the illegal purpose served...

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