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Crown Liability - Subjects Table of Contents (P-Z)
PAYMENT BY THE CROWN
CLPA, 2019 (Ont) - s.28 Payment by the Crown of Orders and Settlements
PETITION OF RIGHT (AGAINST CROWN) ABOLISHED
CLPA, 2019 (Ont) - s.16(1-3) Doctrine of Petition of Right Abolished
PLEADINGS
Crown Liability - Pleadings
PRACTICE
Crown Liability - Practice
PROCEEDINGS AGAINST THE CROWN ACT (PACA) [repealed in 2019]
Proceedings Against the Crown Act
PACA was repealed in 01 July 2019, but pre-existing case law may still be relevant under the current CLPA, 2019 legislation.
PROPERTY AND THE CROWN
General
CLPA, 2019 (Ont) - s.8(1)(b) Crown Liability Regarding Property
No Crown Property Liability [under CLPA 8(1)(b)]
CLPA, 2019 (Ont) - s.10(1-5) No Crown Property Liability [under CLPA 8(1)(b)] Solely Due to Initial Independent-Vesting; Exception After Use Commences
Property Recovery Orders, Not Against Crown
CLPA, 2019 (Ont) - s.23 No order for recovery of property against Crown, but Declarations
Interpleader, Applies to Crown
CLPA, 2019 (Ont) - s.21. Interpleader
An 'interpleader' proceeding is where the plaintiff/applicant has control (ownership or possession) over property (real or chattel), but there is conflict with some other parties as to who is entitled to it in law. An 'interpleader' proceeding can be brought resolve these issues.
PUBLIC AUTHORITIES PROTECTION ACT (PAPA)
PAPA sets out liability immunities for judges, court staff and proceedings. While technically not the 'Crown', these liability topics are sufficiently 'governmental' in nature to fit here best. Most related (but non-liability) PAPA issues are located in the 'Courts' topic.
Public Authorities Protection Act (PAPA)
PAPA (Ont) - s.4 Where PAPA Immunity, Stay Allowed
PAPA (Ont) - s.11 PAPA Not Applicable to Municipalities
PURPOSE
Crown Liability - Purpose
REGULATIONS
A 'regulation' is the primary form of delegated legislation - a sort of a 'sub-statute'. Most statutes (including the CLPA) have regulations, and - when they do - the statute itself has a 'regulation-making powers' section which sets-out what issues the regulation can legally address. In most cases (as here) regulation authority is given to the 'cabinet' (aka the 'Lieutenant-Governor in Council').
CLPA, 2019 (Ont) - s.1(1) Definitions ["regulations"]
CLPA, 2019 (Ont) - s.1(1) Definitions ["prescribed"]
CLPA, 2019 (Ont) - s.30 Regulations
RULES OF COURT APPLY TO CROWN PROCEEDINGS
The 'rules of court' referred to here are those set-out in the 'Rules of Civil Procedure' (a regulation under the Courts of Justice Act), which have their own topic, linked here: Civil Litigation.
CLPA, 2019 (Ont) - s.13(1) Rules of court
SERVICE ON THE CROWN
CLPA, 2019 (Ont) - s.15. Service on the Crown
SET-OFF, AGAINST CROWN
CLPA, 2019 (Ont) - s.24 Set-off Not Allowed by Defendant/Respondent Where Crown Claims for Taxes, Duties or Penalties; Exception Where Brought by Particular Ministry (2/2)
STANDING, OF CROWN AS PARTY
CLPA, 2019 (Ont) - s.12. Crown may make claims, rely on defences as if a person
STATUTORY TORTS
CLPA, 2019 (Ont) - s.8(1)(d) Crown Liability Regarding Statutory Torts
STYLE OF CAUSE, CROWN
CLPA, 2019 (Ont) - s.14. Designation of Crown
TRANSITION
Crown Liability - Transition [CLPA s.31]
CLPA, 2019 (Ont) - s.31 Transition
CROWN LIABILITY AND PROCEEDINGS ACT (Federal)
Crown Entities
Crown Liability (fed) - Crown Agents
Crown Liability (fed) - Judges
Other
Crown Liability (fed) - Limitations [CLPA s.32]
Crown Liability (fed) - No Proceeding Against Crown Where Pension Payable [CLPA s.9]
Crown Liability (fed) - Charter
Crown Liability (fed) - Vicarious Liability
Crown Liability and Proceedings Act (fed)
This sub-topic is regarding the federal crown liability legislation which has a similar name to Ontario's [which is 'Crown Liability and Proceedings Act, 2019' (CLPA)] and thus can be confusing. Practically though, which 'CLPA' you are concerned with should be simple: ie. which Crown are you suing - Ontario or Canada?
Given the low number of federal cases I have not yet integrated this legislation fully, perhaps later.
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