What are the elements of the tort of abuse of public office?

British Columbia, Canada


The following excerpt is from B.K. Tree Services Ltd. v. British Columbia (Hydro and Power Authority), 2002 BCSC 1432 (CanLII):

The elements of the tort of abuse of public office are set out in Price v. B.C., [2001] B.C.S.C. 1494: 1. The defendant must be a public officer; 2. There must be exercise of power as a public officer; 3. There must be a state of mind of the defendant that is either targeted malice or he must have acted in the knowledge of, or with reckless indifference to, the legality of his act and in the knowledge of, or with reckless indifference to, the probability of causing injury to the plaintiff; 4. There must be a duty to the plaintiff or sufficient interest in the plaintiff to found a legal standing to sue; and, 5. The exercise of power must have caused loss to the plaintiff.

Other Questions


Can a public statute, empowering public actors to accomplish public goals, alone give rise to a private duty between those public actors and a particular member of the public? (British Columbia, Canada)
Does the tort of misfeasance in public office apply to an individual officer or officer? (British Columbia, Canada)
What are the consequences of a claim for abuse of public office? (British Columbia, Canada)
What are the elements of misfeasance in public office? (British Columbia, Canada)
Can a claim of misfeasance in public office be made out against one public official? (British Columbia, Canada)
What is the tort of abuse of public office? (British Columbia, Canada)
Can a police officer be ordered to produce a certificate that the adjudicator would like to compel the officer to produce? (British Columbia, Canada)
Does a public by-law or statute authorizing the fluoridation of public water violate an individual's s .7 rights? (British Columbia, Canada)
Can an officer who is not a company officer be bound by an admission made in a letter to a company? (British Columbia, Canada)
Is a cold storage facility a "public service" for the public? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.