What is the tort of abuse of public office?
British Columbia, Canada
The following excerpt is from Costello v. Hornby Island Local Trust Committee, 2008 BCSC 1608 (CanLII):
The tort of “abuse of public office” was described in the case of Three Rivers District Council v. Bank of England (No. 3), [2000] H.L.J. No. 32, [2000] 3 All E.R. 1, [2000] 2 W.L.R. 1220, in the following terms: The rationale of the tort is that in a legal system based on the rule of law executive or administrative power “may be exercised only for the public good” and not for ulterior and improper purposes:
"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
Can a public statute, empowering public actors to accomplish public goals, alone give rise to a private duty between those public actors and a particular member of the public? (British Columbia, Canada)
Does the tort of misfeasance in public office apply to an individual officer or officer? (British Columbia, Canada)
Can a claim of misfeasance in public office be made out against one public official? (British Columbia, Canada)
What are the consequences of a claim for abuse of public office? (British Columbia, Canada)
What are the elements of the tort of abuse of public office? (British Columbia, Canada)
Can a police officer be ordered to produce a certificate that the adjudicator would like to compel the officer to produce? (British Columbia, Canada)
Does a public by-law or statute authorizing the fluoridation of public water violate an individual's s .7 rights? (British Columbia, Canada)
Can an officer who is not a company officer be bound by an admission made in a letter to a company? (British Columbia, Canada)
Is a cold storage facility a "public service" for the public? (British Columbia, Canada)
When determining responsibility for the publication of an opinion by the editor of a news website, does the trier of fact have to consider the whole publication as a whole? (British Columbia, Canada)
