What is the test for improper use of executive or administrative power?
British Columbia, Canada
The following excerpt is from B.K. Tree Services Ltd. v. British Columbia (Hydro and Power Authority), 2002 BCSC 1432 (CanLII):
It was held in Three Rivers District Council v. Bank of England (No. 3), [2000] H.L.J. No. 32, [2000] 3 All E.R. 1, [2000] 2 W.L.R. 1220, para. 11 that: The rationale of the tort is that in a legal system based on the rule of law executive or administrative power “may be exercised only for the public good” and not for ulterior and improper purposes:
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