Abuse of Process and Misfeasance in Public Office

Source: 2019 BCSC 2069 Williamsburg Water Utility Co. Ltd. v. Comptroller of Water Rights-Water Management Branch

An interesting discussion on collateral attack, re-litigation and abuse of public office powers. The central question in this matter concerns the Court’s ability to rehear a matter that has been determined by a statutory decision maker in the context of a civil suit for damages. The reasoning in the case is somewhat curious in that it would be difficult to find an underlying case of negligence where a statutory decision maker has already found in favor of an authority.