The Tort of Misfeasance - Recent Developments and Practice Points
November 23, 2020 | 12:00 PM to 1:30 PM Eastern
Teleconference
The tort of misfeasance in public office provides redress for egregious intentional misconduct, not for what may be, at worst, maladministration, official incompetence or bad judgment in the execution of public duties. For this reason, when addressing claims of misfeasance in public office, the courts strike a careful balance between curbing unlawful behaviour by governmental officials, on the one hand, and, on the other, protecting those charged with making decisions for the public good from unmeritorious claims by those adversely affected by their decisions. - Rain Coast Water Corp. v. British Columbia, 2019 BCCA 201 para. 3
Join us for a defence perspective on the tort of misfeasance, including a review of recent decisions which clarify the strict requirements for pleading and proving the tort. Graham Underwood and Johnny Van Camp will share their experience working with public servants accused of intentionally abusing their power. They will also be sharing tips for efficiently managing misfeasance claims through the litigation process.
Moderator
Rolf Warburton, British Columbia Ministry of Attorney General, Legal Services Branch
Speakers
Graham Underwood, British Columbia Ministry of Attorney General, Legal Services Branch
Graham has provided litigation services to the Provincial Crown for over 20 years. He was counsel on the recent misfeasance case: Rain Coast Water Corp. v. British Columbia.
Johnny Van Camp, British Columbia Ministry of Attorney General, Legal Services Branch
Johnny is a member of the Tli Cho (“Tlee Cho”) First Nation, born and raised in Fort Smith, Northwest Territories. Johnny has focused his research and practice on strategies for defending public servants from claims of misfeasance.
