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This book provides a comprehensive study of the tort of misfeasance in a public office in Canada and other Commonwealth jurisdictions. Misfeasance is a unique tort in that it applies only to public officers, and so exists at the intersection of private and public law. Since the House of Lords' decision in Three Rviers District Council v. Bank of England (no.3) (2001) and the Supreme Court of Canada's decision to Odhavji Estate v. Woodhouse (2003)m misfeasance has been pleased with increasing frequency and in situations covering a wide range of official misconduct. This book provides an organizational framework for the tort and a thorough catalogue of its application in specific cases. It also provides a theoretical foundation that clarigies the underlying purposes of misfeasance in a public office, its relationship to other areas of law, and its present and future role in the modern administrative state. -- back cover.
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This article reviews Canadian cases involving claims for misfeasance in a public office that have been decided since the Supreme Court of Canada’s decision in Odhavji Estate v. Woodhouse. Three main trends are apparent. First, plaintiffs who claim in misfeasance have some procedural advantages, including an expanded scope of discovery and greater resistance to defendants’ motions to strike. Second, the misfeasance tort serves an “ombudsman” function, tainting the defendant’s conduct as abusive and providing a greater degree of psychological vindication to plaintiffs. Finally, in some limited circumstances, misfeasance claims may have a better chance of success than negligence claims, as they dispense with the somewhat troublesome requirements of proximity and policy.
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"Tort law includes the legal rules that govern many important subjects such as negligence, nuisance, defamation and trespass. These rules are of foundational importance for lawyers and judges and are also important for members of the public seeking to understand their rights and responsibilities in their everyday and commercial activities. Because tort law is primarily drawn from the results of many judicial decisions in individual cases, it can be difficult to understand. Introduction to the Canadian Law of Torts, 4th Edition provides the explanation and analysis needed to confidently navigate not only the key concepts but also many of the details and subtleties. Written by a team of leading tort law scholars, the fourth edition builds on the earlier editions written by the late Gerald Fridman, one of the finest legal scholars of his generation. It is a must-have addition to the libraries of practitioners and law students alike. It is an essential resource for those learning tort law and an excellent primer and quick reference for those with greater familiarity" --Publisher description.
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