Tag Mercer v. Fraser 18 CCC 3

Tag Mercer v. Fraser 18 CCC 3

Willful Misconduct

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The Supreme Court has defined willful misconduct as necessarily involving deliberate, intentional, or wanton conduct in doing or omitting to perform acts, with knowledge or appreciation of the fact, on the part of the culpable person, that danger is likely to result therefrom. Willful misconduct means something different from and more than negligence, however gross. The term “serious and willful misconduct” is described as being something much more than mere negligence, or even gross or culpable negligence and as involving conduct of a quasi criminal nature, the intentional doing of something either with the knowledge that it is likely to result in serious injury or with a wanton and reckless disregard of its possible consequences. Mercer v. Fraser 18 CCC 3.