What is the test for abuse of public office?
Alberta, Canada
The following excerpt is from Columbus Investment Corporation Ltd. v. Alberta, 2000 ABQB 148 (CanLII):
The law of abuse of public office was extensively reviewed in Alberta v. Nilsson, supra. The judgment states the elements required to establish the tort are: 1. an illegal act by a public body or official; 2. knowledge that the act is illegal or at least knowledge that the act had a high risk of being illegal; 3. knowledge that damages could flow from the act; and 4. damages in fact occurred.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the tort of abuse of public office in Canada? (Alberta, Canada)
What is the legal test for the tort of abuse of public office? (Alberta, Canada)
What is the test for abuse of public office in Canada? (Alberta, Canada)
Is a publication ban, pseudonyms and sealed file a similar type of process to the publication ban? (Alberta, Canada)
Can a public health officer order that every home be equipped with a colour television or popcorn maker for the same reasons? (Alberta, Canada)
What is the test for bad faith in public office? (Alberta, Canada)
Does access to public property to utilize public transportation fall within the scope of the s. 7 right to liberty? (Alberta, Canada)
Does the term 'public interest' in s.1(1) of the Charter apply to a party's use of the term "public interest"? (Alberta, Canada)
Does the holding of a public inquiry into historical abuse constitute a consideration that falls within the power to stay a subsequent prosecution? (Alberta, Canada)
What is the test for determining if a person is discoverable as an officer within the meaning of Rule 200(1)? (Alberta, Canada)
