What is the mental element of the mental component of the tort of wrongful dismissal?

British Columbia, Canada


The following excerpt is from Gill v. Canada (Minister of Transport), 2014 BCSC 582 (CanLII):

The mental element necessary to establish the tort was discussed in Three Rivers District Council v. Bank of England, (No. 3), [2000] 3 All E.R. 1 at p. 44: The official concerned must be shown not to have had an honest belief that he was acting lawfully; this is sometimes referred to as not having acted in good faith… Another way of putting it is that he must be shown either to have known that he was acting unlawfully or to have willfully disregarded the risk that his act was unlawful. This requirement is therefore one which applies to the state of mind of the official concerning the lawfulness of his act and covers both a conscious and a subjectively reckless state of mind, either of which could be described as bad faith or dishonest.

Other Questions


Does a common law husband of an employee who has been dismissed for wrongful dismissal have to sue the employer for damages? (British Columbia, Canada)
What is the legal test for damages for mental distress in a wrongful dismissal action? (British Columbia, Canada)
What are the reasons why a plaintiff’s claims for wrongful dismissal were dismissed? (British Columbia, Canada)
What factors are considered in determining whether to dismiss an action for wrongful dismissal? (British Columbia, Canada)
Does the Superior Court of Justice have jurisdiction to adjudicate claims of wrongful dismissal and breach of an employment contract? (British Columbia, Canada)
What is the test for wrongful dismissal when a plaintiff is in sales earning a base salary plus commission? (British Columbia, Canada)
What is the test for damages in a wrongful dismissal action? (British Columbia, Canada)
What is the test for a claim of wrongful dismissal? (British Columbia, Canada)
What is the range of damages for wrongful death in a wrongful death action? (British Columbia, Canada)
How have courts considered aggravated damages in wrongful dismissal cases? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.