What are the consequences of a claim for abuse of public office?

British Columbia, Canada


The following excerpt is from Barbour v. UBC, 2006 BCSC 1897 (CanLII):

In addition the claim for abuse of public office carries with it the ‘stench of dishonesty’. Those who bring such claims should face cost consequences if unsuccessful. In class proceedings, the successful party is not entitled to costs. If the plaintiff wishes to pursue a speculative action based upon allegations of dishonesty he is free to do so but it is not in the least unfair that the plaintiff should face some financial risk if those allegations are found to be without merit: Nelson v. Hoops L.P., a Limited Partnership, 2003 BCSC 277. E. Section 4(1)(e) - Representative Plaintiff

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)
Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
Can a claim of misfeasance in public office be made out against one public official? (British Columbia, Canada)
How have courts dealt with claims of defamation, defamation and misfeasance in public office? (British Columbia, Canada)
What is the tort of abuse of public office? (British Columbia, Canada)
Is a claim for misfeasance required to name individual public officers? (British Columbia, Canada)
What is the test for a claim of misfeasance in public office? (British Columbia, Canada)
What are the elements of the tort of abuse of public office? (British Columbia, Canada)
Is there any case law where a plaintiff’s claim against a former trustee in bankruptcy for negligence and breach of fiduciary duty is found to be an abuse of process? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.