What is the tort of misfeasance in public office?

The tort of misfeasance in public office is limited in scope. It does not apply where the conduct complained of is inadvertent or mere negligence in failing to meet the obligations of public office. This tort applies to a public officer who could have discharged his or her public obligations but wilfully chose to do otherwise: Odhavji Estate v. Woodhouse, supra, at para 36.

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.