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Crown Liability - Subjects Table of Contents (A-D)
APPLICATION, OF THIS ACT
Act Binds Crown
CLPA, 2019 (Ont) - s.2(1) Act Binds Crown
Extent that Other Acts Bind Crown not Affected by this Act
CLPA, 2019 (Ont) - s.2(2) Application of other Acts to the Crown unaffected
Where an Act Does Not Bind Crown, Rights Conferred on Persons under that Act May Not be Enforced in Proceedings Under this Act
CLPA, 2019 (Ont) - s.2(3) Same, statutory rights of action
Powers of Legislative Assembly not Limited by this Act
CLPA, 2019 (Ont) - s.4. Assembly privilege, etc., unaffected
Statutes not Affected by this Act
CLPA, 2019 (Ont) - s.6. Acts not affected
Conflicts
This Act Prevails in Event of Conflict; Exception for Greater Crown Protection
CLPA, 2019 (Ont) - s.7(1-2) Conflict with other Acts
BAD FAITH
'Bad faith' (and it's conceptually-identical corollary: 'good faith') are a common Crown entity tort liability standard - located in many Ontario statutes. For example, ODSPA s.58(1):No personal liability
58(1) No action or other proceeding in damages shall be instituted against the Ministry, the Director or a delivery agent, an officer, employee of any of them or anyone acting under their authority for any act done in good faith in the execution or intended execution of a duty or authority under this Act or for any alleged neglect or default in the execution in good faith of any duty or authority under this Act. You can think of 'bad faith' as a heightened tort 'standard' that operates to protect Crown and Crown entity behaviour from liability. So, while a non-Crown defendant sued for any tort will be held liable once the plaintiff satisfies several recognized test elements in law, a Crown defendant will be held to a higher 'bad faith' standard, requiring the addition of aspects of malice or improper purpose. Another way to think about this 'bad faith' standard is that it is designed to immunize behaviour (or omissions) done in 'good faith', which I find is best thought about as innocently.
Under the current CLPA there are some importance leave (prior permission) provisions regarding tort claims against the Crown based on 'bad faith' behaviour (or omissions). These leave requirements apply to both any 'bad faith' torts, and to the specific tort of 'misfeasance in public office' [which is linked at the 'misfeasance' topic], below. See the sub-topic, 'Leave Required for Certain Torts', below.
CHARTER
Crown Liability - Charter
COMMON LAW IMMUNITY
The 'common law' (ie. judge-made law not amended by statute) holds that the Crown is immune from civil liability. When reading the CLPA (or any other statute effecting crown liability) this should be your starting point.
Crown Liability - Common Law
COUNTERCLAIMS, AGAINST CROWN
CLPA, 2019 (Ont) - s.24 Counterclaims Not Allowed by Defendant/Respondent Where Crown Claims for Taxes, Duties or Penalties; Exception Where Brought by Particular Ministry (1/2)
CRITIQUE
Crown Liability - Critique
CROWN
Crown Liability - Crown
CLPA, 2019 (Ont) - s.1(1) Definitions ["Crown"]
CROWN LIABILITY AND PROCEEDINGS ACT, 2019 (Ontario)
Crown Liability and Proceedings Act, 2019
DECLARATIONS, ALLOWED AGAINST CROWN
CLPA, 2019 (Ont) - s.22(3-4) Declarations Allowed Against Crown; No Interlocutory Declarations
DEFAULT JUDGMENT, NONE AGAINST CROWN (WITHOUT LEAVE)
CLPA, 2019 (Ont) - s.25 No default judgment against the Crown without leave
DISCLOSURE, CROWN
The normal civil litigation procedure of discovery (oral and documentary) and cross-examination on affidavits is governed by special rules when the Crown is a party. This is due to a Crown evidentiary privilege, usually (but I think inappropriately, given other uses of the term) called 'public interest' privilege. This is also sometimes called an 'immunity'.
Crown Liability - Crown Disclosure
Evidence - Privilege - Public Interest (Crown)
CLPA, 2019 (Ont) - s.13(2) Public Interest Immunity Applies to Crown
CLPA, 2019 (Ont) - s.19(1-2) Discovery and Examination, Rules of Court Apply to Crown as though Corporation; Exception (1/3)
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