What is the difference between wilful misconduct and gross negligence?
British Columbia, Canada
The following excerpt is from Lapshinoff v. Wray, 2020 BCCA 31 (CanLII):
While McCulloch v. Murray suggests that wilful misconduct is closely related to gross negligence, with both representing “very marked departure[s] from the standards by which responsible and competent people…habitually govern themselves”, it also indicates that the two concepts are different, and that there may be cases where one is satisfied, but the other is not.
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