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ARTICLE · 01 NOVEMBER 2023

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BC Supreme Court Issues Rare Damages Award For Misfeasance In Public Office

Borden Ladner Gervais LLP
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The BC Supreme Court has ordered the Province to pay over $10 million in damages for committing the tort of misfeasance in public office—the first case to ever order damages for this tort...

CanadaLitigation, Mediation & Arbitration
Roark Lewis
Roark Lewis
Chris Roine
Chris Roine
Rick Williams
Rick Williams
Yomi Wong
Yomi Wong
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Introduction

The BC Supreme Court has ordered the Province to pay over $10 million in damages for committing the tort of misfeasance in public office—the first case to ever order damages for this tort in BC (see Greengen Holdings Ltd. v British Columbia (Ministry of Forests, Lands and Natural Resource Operations), 2023 BCSC 1758).

The trial judge concluded that the Province unlawfully denied permits, on the basis that senior government officials interfered in the decision for improper political purposes. Although subject to a potential appeal, this case could have significant implications for businesses seeking regulatory approvals, public authorities, and First Nations.

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