Good faith protections and public sector liability
Date of this Version
This article examines the role that statutory good faith protections play in shaping the formal limits of public sector liability and in managing the boundaries between private and public interests. The article demonstrates that a sophisticated body of law now exists, which guides lawmakers in the drafting and construction of specific good faith protections. It also considers the practical consequences of the interpretive principles that courts apply to good faith protections for the economic interests of public servants and the Crown, and illustrates the limits that these principles might place on the scope of certain forms of good faith protection.
This document has been peer reviewed.