What is the tort of misfeasance in public office and/or abuse of power?
Ontario, Canada
The following excerpt is from Pouget v. Hynes, 2008 CanLII 5977 (ON SC):
The tort of misfeasance in public office and/or abuse of power is a developmental area of the law. We need only have regard to the comments of Iacobucci J. in Odhavji Estate v. Woodhouse, 2003 SCC 69 (CanLII), [2003] 3 S.C.R. 263 to discern as he has adopted from evolving case authority, that there are ever growing extensions to the law, particularly deliberate, unlawful acts on the part of a public official.
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