Law360 Canada ( June 19, 2025, 12:33 PM EDT) -- Appeal by Province of British Columbia (appellant) from a decision finding it liable for misfeasance in public office. BC Hydro initiated a program that allowed private parties to generate power and sell it back to the grid. The respondent applied for Crown land tenure and a water licence in support of a proposed hydroelectric project at Fries Creek, situated within the claimed traditional territory of the Squamish Nation. The respondent secured an agreement with BC Hydro to supply electricity to the grid, but its applications for approval of land tenure and water licence were outstanding. Squamish Nation expressed formal opposition to the project, claiming it would interfere with their cultural and land use. The respondent’s applications were denied. On appeal, it was dismissed. The respondent sought judicial review, but it was abandoned. The respondent filed a notice of civil claim against the appellant, alleging misfeasance in public office. It claimed that its applications were denied due to the government’s desire to avoid a lawsuit by the Squamish Nation and fear of bad publicity. The trial court found that two government representatives unlawfully denied the respondent’s permit applications, either by someone without authority or by fettering the discretion of statutory decision-makers. It concluded that the denials were deliberate and likely to harm the respondent, leading to the damages award. The judge concluded in favour of the respondent on the issue of liability. The appellant appealed and argued that the liability finding reflected errors of fact and law....