|
Crown Liability - Subjects Table of Contents (F-O)
FALSE ARREST AND IMPRISONMENT, TORTS OF
Crown Liability - False Arrest and Imprisonment [#Torts]
GARNISHMENT, AGAINST CROWN
CLPA, 2019 (Ont) - s.27(2-5) Garnishment
CLPA, 2019 (Ont), Garnishment Reg. 210/19 - s.1-2 Service of Garnishment
GOVERNMENT ACTIVITIES, NO CROWN LIABILITY REGARDING CERTAIN
The current legislature has been quite hesitant to expose the government to liability for such things as law-making, policy-making and any duty to enforce the law. A main focus in this larger issue was the blurring (or even ending) of the pre-CLPA dividing line between 'operational' (where Crown liability was allowed) and 'policy' (where it wasn't) governmental activities. The present CLPA s.11(4-5) has very likely terminated this distinction, resulting in an increase in Crown immunity - and a drastic change in expectations by litigants against the Crown.
Legislative Activities, No Crown Liability for
CLPA, 2019 (Ont) - s.11(1) No Crown Liability respecting Legislative Activities
CLPA, 2019 (Ont) - s.29 No compensation for Legislative (including Regulation) Activities or Interpretation
See Canada (Attorney General) v. Power (SCC, 2024) at the 'Charter' sub-topic (above) respecting Crown liability for unconstitutional legislation.
Regulatory Decisions, No Crown Liability for
CLPA, 2019 (Ont) - s.11(2-3,6) No Crown Liability respecting Regulatory Decisions
Policy Decisions, No Crown Liability for
Crown Liability - Policy Decisions (+)
CLPA, 2019 (Ont) - s.11(4-5) No Crown Liability respecting Policy Decisions
Common Law Defences Unaffected
CLPA, 2019 (Ont) - s.11(9) Common Law Defences or Immunities Unaffected by this Section
No Proceedings Regarding Liability for Certain Governmental Activities
Crown Liability - Government Activities - No Proceedings [CLPA s.11(7-8)]
CLPA, 2019 (Ont) - s.11(7-8,10) Proceedings Barred or Set Aside
HISTORY
Crown Liability - History
INDIGENOUS
Crown Liability - Indigenous
INJUNCTIONS AND SPECIFIC PERFORMANCE, NONE AGAINST CROWN
CLPA, 2019 (Ont) - s.22(1-2) No injunction or specific performance against Crown
INTEREST, ON JUDGMENT DEBTS INVOLVING CROWN
CLPA, 2019 (Ont) - s.26 Interest on judgment debt
JURISDICTION
Crown Liability - Jurisdiction
JURY, NONE WHERE TRIAL AGAINST CROWN
CLPA, 2019 (Ont) - s.20 No Jury Where Trial Against Crown
LEAVE REQUIRED FOR CERTAIN TORTS
This is a relatively new provision, coming in with the CLPA in 2020. It requires that an initial 'leave motion' be brought before the plaintiff commences a proceeding against "the Crown or an officer or employee of the Crown" for certain claims - and that such 'leave' (aka 'permission to proceed') be granted by that court before such a proceeding may be brought. These leave requirements apply only to claims "that include a claim in respect of a tort of misfeasance in public office or a tort based on bad faith respecting anything done in the exercise or intended exercise of the officer or employee’s powers or the performance or intended performance of the officer or employee’s duties or functions".
Note that by using the term "include" in that above quote, these leave requirements will apply to the whole of such proceeding - even to claims within the proceeding that do not sound in misfeasance or bad faith. That said, the Crown may optionally 'waive' the leave requirement for some or all of the claims within the proceeding [CLPA s.17(11-13)] .
Cases addressing the specific tort of 'Misfeasance in Public Office' are located at that sub-topic (below), and cases addressing 'Bad Faith' (which is not itself a tort, but a liability standard) are located at that sub-topic (above).
General
Crown Liability - Leave Required for Certain Torts [CLPA s.17]
CLPA, 2019 (Ont) - s.17(1,14) Section 17 Applies Where Proceedings Including Misfeasance and/or Bad Faith Torts; Exception Where Claimant is Crown
CLPA, 2019 (Ont) - s.17(2,11-13) Leave Required Before Such Action Commences, Action Stayed Pending Grant of Leave; Crown Waiver Allowed [in force: July 08, 2020]
CLPA, 2019 (Ont) - s.17(15-17) Transition Where Action Brought Before s.17 In Force [before 08 July 2020]
Procedures
CLPA, 2019 (Ont) - s.17(3-6) Procedures on Leave Motion (Affidavit Material and Discovery)
CLPA, 2019 (Ont) - s.17(8) Costs on Leave Motion
Test
CLPA, 2019 (Ont) - s.17(7) Test on Leave Motion
When Granted or Denied
CLPA, 2019 (Ont) - s.17(9-10) Effects of Outcome of Leave Motion
LIMITATIONS
Crown Liability - Limitations
MALICIOUS PROSECUTION, TORT OF
Crown Liability - Malicious Prosecution (+) [#Torts]
MISFEASANCE IN PUBLIC OFFICE, TORT OF
Crown Liability - Misfeasance in Public Office (+) [#Torts]
There are some importance leave (ie. 'prior permission') provisions regarding the tort of 'misfeasance in public office' when brought against the Crown or Crown entities. These leave requirements apply to both the tort of 'misfeasance in public office' and to other tort claims based on 'bad faith' behaviour or omissions (which is not a tort, but a liability 'standard') [see 'Bad Faith', above].] Generally for these leave rules, see the sub-topic 'Leave Required for Certain Torts', above.
NEGLIGENT INVESTIGATION, TORT OF
Crown Liability - Negligent Investigation (+) [#Torts]
NOTICES OF DAMAGES CLAIM, MANDATORY [*** these are very important and often-urgent provisions]
General
Crown Liability - Notice [CLPA s.18]
Mandatory 10-Day Post-Event Property Damage Claim Notice
CLPA, 2019 (Ont) - s.18(4-7) Mandatory 10-Day Post-Event Notice Required Where Property Breach of Duty Damage Claim Against Crown [under CLPA 8(1)(b)]; Exceptions
This is a very important and oft-overlooked Notice provision - which, when missed, will likely be fatal to such proceedings. It operates where a tort proceeding can be brought against the Crown "in respect of a breach of duty attaching to the ownership, occupation, possession or control of property", and - unlike the related CLPA s.18(1-3) 60-day pre-commencement Notice provision (considered immediately below) - it is time-triggered by the tortious events (typically an accident on Crown property). It is generally accepted that the purpose of this Notice is to enable the Crown to investigate the facts of the alleged tortious incident while it is still fresh in time.
Mandatory 60-Day Pre-Commencement General Damage Claim Notice
CLPA, 2019 (Ont) - s.18(1-3,6-7) Mandatory 60-Day Pre-Commencement Notice Required Where General Damage Claim Against Crown
Unlike the 10-Day notice (considered immediately above), this 60-Day Notice is to warn the Crown that they are going to be sued. Note that this 60-day Notice provision can apply even if the '10-Day Post-Event Property Damage Claim Notice' is also required.
ORDERS
Definition
CLPA, 2019 (Ont) - s.1(1) Definitions ["order"]
In Rem Proceedings Against Crown Not Justified by this Act
CLPA, 2019 (Ont) - s.5. In Rem Proceedings Against Crown Not Justified by this Act (2/2)
Continue to P-Z
|
