Misfeasance

Misfeasance traditionally means doing a lawful act in a wrongful or improper way. It is not the same as negligence, which is a failure to take reasonable care. In Canadian law the term mainly survives in the tort of misfeasance in public office, which targets deliberate abuse of public power.

How BC law treats it

Misfeasance in public office requires deliberate unlawful conduct by a public officer who knows the conduct is unlawful and likely to injure the plaintiff (Odhavji Estate v Woodhouse, 2003 SCC 69). There is no criminal offence of misfeasance; the nearest is breach of trust by a public officer under Criminal Code s. 122.

What it means for your business

If an official has deliberately harmed your business by acting beyond their powers, this tort may be available, but most claims against suppliers or professionals are in negligence or contract.

Risks and common mistakes

Pleading misfeasance where the facts show only carelessness is likely to fail, because the tort requires proof of bad faith or knowing unlawfulness.

For the full explanation, see our entry on Negligence.

General information about British Columbia and Canadian law, current to October 2026. It is not legal advice.