What are the elements of the tort of misfeasance in public office?

The plaintiffs and the defendants agree on the essential elements of the tort of misfeasance in public office as set out in the Odhavji Estate v. Woodhouse, supra,: 1. The defendant must have deliberately acted unlawfully in the exercise of his or her public function; and 2. The defendant must have been aware his or her conduct was both unlawful and likely to injure the plaintiff. There is clearly a subjective element: that the defendant knew his conduct was both unlawful and likely to injure.