What is the test for misfeasance of public office?
Ontario, Canada
The following excerpt is from Simpson v. Ontario, 2010 ONSC 2119 (CanLII):
In Foschia v. Conseils des Écoles Catholique de Langue Française du Centre-Est, [2009] O.J. No. 2536 at para. 22 (C.A.), the court discussed various acts that satisfy the second element of the test for misfeasance of public office: The unlawful act can be a breach of relevant statutory provisions, acting in excess of the powers granted to the public official, omitting to act in circumstances in which the public officer is under a legal duty to act, or acting for an improper purpose.
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