What is the legal test for the tort of abuse of public office?
Alberta, Canada
The following excerpt is from Genesis Land Development Corp. v. Alberta, 2009 ABQB 221 (CanLII):
The tort of abuse of public office is one example of the way in which the government is subject to tort liability. However, as indicated by the authorities, the threshold for the tort of abuse of public office is high, and reflects the sentiments expressed in Just v. British Columbia, 1989 CanLII 16 (SCC), [1989] 2 S.C.R. 1228 that the government should be held liable for its actions only in exceptional circumstances.
"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 test for abuse of public office? (Alberta, Canada)
What is the tort of abuse of public office in Canada? (Alberta, Canada)
What is the test for abuse of public office in Canada? (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)
Can a detainee refuse to contact legal aid after informing the attending police officer that he is unable to contact his own lawyer? (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)
Is a publication ban, pseudonyms and sealed file a similar type of process to the publication ban? (Alberta, Canada)
