How have courts dealt with claims of defamation, defamation and misfeasance in public office?
British Columbia, Canada
The following excerpt is from C.D. v. Canada (Attorney General), 2013 BCSC 919 (CanLII):
Syl Apps was considered in Harrison v. British Columbia (Children and Family Development), 2010 BCCA 220. In Harrison the Province and an individual social worker were sued in negligence, defamation and misfeasance in public office. A summary application by the defendants to dismiss was unsuccessful. On appeal the plaintiff’s action was dismissed. After noting that a claim in negligence can only arise if the defendant owes the plaintiff a duty of care (para. 45) the court said this:
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