What constitutes the tort of misfeasance in public office?
British Columbia, Canada
The following excerpt is from Honborg v Lust, 2018 BCSC 1288 (CanLII):
To constitute the tort of misfeasance in public office, the plaintiff must establish (1) deliberate, unlawful conduct in the exercise of public functions, and (2) awareness that the conduct is unlawful and likely to injure the plaintiff: Odhavji Estate v. Woodhouse, 2003 SCC 69 at para. 23.
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