What are the elements of misbehaving in public office?
Canada (Federal), Canada
The following excerpt is from Anglehart v. Canada, 2016 FC 1159 (CanLII), [2017] 2 FCR 74:
Misfeasance in public office includes four distinguishing elements; the first two are specific to this civil tort and deliberate in nature, whereas the third and fourth are shared by all civil torts (Odhavji Estate v. Woodhouse, 2003 SCC 69, at paragraph 32). For a public body’s liability to be retained, the plaintiff must demonstrate: 1. deliberate, unlawful conduct in the exercise of public functions; 2. awareness that the conduct is unlawful and likely to injure the plaintiff; 3. that the tortious conduct was the legal cause of the injuries; and 4. that the injuries or damages suffered are compensable in tort law.
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