What is the test for knowing or failing to know about misconduct by a public officer?
Ontario, Canada
The following excerpt is from B.K.2 v Chatham-Kent Children’s Services, 2016 ONSC 1921 (CanLII):
It is not enough that the public officer knew that he or she was doing or omitting to do something which he or she was obligated to do as a public officer. The plaintiff must prove that when doing so, the public officer knew that harm to the plaintiff was a likely consequence of the misconduct. It is insufficient to plead that the defendant “knew or should have known”: Odhavji Estate v. Woodhouse, supra, at para 38.
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