What are the reasons for misfeasance in public office?

Ontario, Canada


The following excerpt is from Ontario Racing Commission v. O'Dwyer, 2008 ONCA 446 (CanLII):

The reasons also fail to consider the distinction between the nature and purpose of the tort of misfeasance in public office, which is directed towards the performance of public duties, as contrasted against intentional interference with economic relations, which appears to be directed largely towards private interests. The distinction between these two torts has yet to be clearly defined within Canadian law. Other jurisdictions have, however, suggested that misfeasance in public office is a distinct tort that should not be subsumed in some wider economic tort, such as intentional interference with economic relations: See Sanders v. Snell [1998] HCA 64 at paras. 37 & 39.

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