Is a municipality liable at common law for misfeasance?
Saskatchewan, Canada
The following excerpt is from Kleysen Transport Ltd. v. Government of Saskatchewan, 1983 CanLII 2615 (SK QB):
A long line of authorities establish that a municipality is only liable at common law for misfeasance: Bartokv. Tantallon, 1937 CanLII 186 (SK CA), [1937] 2 W.W.R. 81 (Sask. C. A.). If the plaintiff has a right of action either at common law or by operation of the Proceedings against the Crown Act which survives notwithstanding the provisions of s. 85, that right only arises if there is misfeasance: s. 3(2)(b) of the Proceedings against the Crown Act; Bartok v. Tantallon. There is no misfeasance here.
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