What is the test for a claim of misfeasance in public office?
British Columbia, Canada
The following excerpt is from Gill v. Canada (Minister of Transport), 2013 BCSC 1256 (CanLII):
The claim of misfeasance in public office involves considerations of whether there has been conduct that has been specifically intended to injure the plaintiff or conduct knowingly taken outside a public officers lawful authority taken with the knowledge that such conduct will harm the plaintiff: Odhavji Estate v. Woodhouse, 2003 SCC 69 at paras. 22 - 23, 28.
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