The appellants appealed the dismissal of their action for misfeasance in public office against the Alcohol and Gaming Commission of Ontario.
The appellants argued the trial judge applied the wrong test and failed to find recklessness or wilful blindness in the respondents' handling of a licence transfer application.
The Court of Appeal dismissed the appeal, finding the trial judge correctly applied the test for misfeasance in public office and his factual findings negating malice and recklessness were supported by the record.
The respondents' cross-appeal on damages and trial costs was also dismissed.
