The elements of the tort of abuse of public office are set out in Price v. B.C., [2001] B.C.S.C. 1494: 1. The defendant must be a public officer; 2. There must be exercise of power as a public officer; 3. There must be a state of mind of the defendant that is either targeted malice or he must have acted in the knowledge of, or with reckless indifference to, the legality of his act and in the knowledge of, or with reckless indifference to, the probability of causing injury to the plaintiff; 4. There must be a duty to the plaintiff or sufficient interest in the plaintiff to found a legal standing to sue; and, 5. The exercise of power must have caused loss to the plaintiff.
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