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ARTICLE · 15 FEBRUARY 2023

What's In A Name: No Need To Sue Public Officials Individually

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In a turn of direction, the British Columbia Court of Appeal has made it easier to bring claims of misfeasance against government officials.

CanadaLitigation, Mediation & Arbitration
Joan Young
Joan Young
Komal Jatoi
Komal Jatoi
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In a turn of direction, the British Columbia Court of Appeal has made it easier to bring claims of misfeasance against government officials.

Procedural History

In March of 2016, Greengen Holdings Ltd. ("Greengen") was unhappy with its treatment at the hands of various public officials relating to a proposed run-of-river hydro electric project. Greengen filed a Notice of Civil Claim against the Province of British Columbia (the "Province") and various governmental entities claiming damages for misfeasance in public office.1 Greengen's claim was based on the denials a water license by the Regional Water Manager under the Water Act, RSBC 1996, c 483 and a Crown land tenure by the minister's delegate under the Land Act, RSBC 1996, c 245.2

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The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.

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