What is the test for misfeasance in public office?

The tort of misfeasance in public office requires deliberate disregard of official duty coupled with knowledge that the misconduct is likely to injure the plaintiff; the defendant must know what he or she is doing is wrongful and have a conscious disregard for the interests of those who will be affected by the misconduct in question: Odhavji Estate v. Woodhouse, supra at para. 29. Misfeasance in public office is an intentional tort; it is not directed at a public officer who inadvertently or negligently fails adequately to discharge the obligations of his or her office: Odhavji Estate v. Woodhouse, supra at para. 26. As an intentional tort, it requires proof of subjective awareness that harm to the plaintiff is a likely consequence of the alleged misconduct or reckless disregard to the possibility that harm was a likely consequence of the alleged misconduct: Odhavji Estate v. Woodhouse, supra at para. 38.