What is the test for malice by a public body?
Canada (Federal), Canada
The following excerpt is from Olympia Interiors Ltd. v. Canada, 1999 CanLII 7992 (FC):
The fourth element of the Nelles test, that the defendant proceeded maliciously or without the primary purpose of bringing the law into effect, was described thus: In Roncarelli v. Duplessis11 Rand J. characterized malice by a public body as "...simply acting for a reason and purpose knowingly foreign to the administration...". The plaintiffs have a difficult task to establish the element of malice as the reason and purpose of the action by public officials.
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