|
Crown Liability
COMMENT'Crown liability' as a statutory legal issue grew from the harshness of the common law position, where the Crown and it's various Crown entities were fully immune from liability. That is - 'way back when' the government couldn't be sued, a function of monarchism. Today, it's not as though the Crown is just as vulnerable as other defendants, but it is much better that way.
In 2019, Ontario's Crown Liability and Proceedings Act, 2019 (CLPA) replaced the Proceeding Against the Crown Act (PACA) regarding Crown liability. The initial irony to recognize when considering this law and others like it, is that without it, we would be back in the bad 'ole days of the common law where we couldn't sue the government at all. That is, Crown liability statutes are - for the most part - progressive laws. They essentially set out a number of variations on civil procedure when the Crown is involved as a defendant. In practice, it's best read this topic in conjunction with the workhorse Ontario Civil Litigation topic.
There is a somewhat similar federal CLPA (linked at the bottom), but due to the small amount of federal related case activity I haven't yet integrated it fully into this topic - but some useful federal cases and the statute are linked there.
SUB-TOPICSAPPLICATION, OF THIS ACT
BAD FAITH
CHARTER
COMMON LAW IMMUNITY
COUNTERCLAIMS, AGAINST CROWN
CRITIQUE
CROWN
CROWN LIABILITY AND PROCEEDINGS ACT, 2019
DECLARATIONS, ALLOWED AGAINST CROWN
DEFAULT JUDGMENT, NONE AGAINST CROWN (WITHOUT LEAVE)
DISCLOSURE, CROWN
EMPLOYMENT OBLIGATIONS, CROWN
ENTITIES, CROWN
ESTOPPEL
EVIDENCE
EXECUTION, NONE AGAINST CROWN
FALSE ARREST AND IMPRISONMENT, TORTS OF
GARNISHMENT, AGAINST CROWN
GOVERNMENT ACTIVITIES, NO CROWN LIABILITY REGARDING CERTAIN
HISTORY
INDIGENOUS
INJUNCTIONS AND SPECIFIC PERFORMANCE, NONE AGAINST CROWN
INTEREST, ON JUDGMENT DEBTS INVOLVING CROWN
JURISDICTION
JURY, NONE WHERE TRIAL AGAINST CROWN
LEAVE REQUIRED FOR CERTAIN TORTS
LIMITATIONS
MALICIOUS PROSECUTION, TORT OF
MISFEASANCE IN PUBLIC OFFICE, TORT OF
NEGLIGENT INVESTIGATION, TORT OF
NOTICES OF DAMAGES CLAIM, MANDATORY
ORDERS
PAYMENT BY THE CROWN
PETITION OF RIGHT (AGAINST CROWN) ABOLISHED
PLEADINGS
PRACTICE
PROCEEDINGS AGAINST THE CROWN ACT (PACA)
PROPERTY AND THE CROWN
PUBLIC AUTHORITIES PROTECTION ACT (PAPA)
PURPOSE
REGULATIONS
RULES OF COURT APPLY TO CROWN PROCEEDINGS
SERVICE ON THE CROWN
SET-OFF, AGAINST CROWN
STANDING, OF CROWN AS PARTY
STATUTORY TORTS
STYLE OF CAUSE, CROWN
TRANSITION
Federal
CROWN LIABILITY AND PROCEEDINGS ACT
HOME STATUTESFor website administrative purposes, all topic-related statutes (both Ontario and Federal) are 'home-located' with a single topic. The below statutes are the 'home statutes' for the Crown Liability topic.
ONTARIO STATUTES
Crown Agency Act (fully split) [amended to 1998, c.15, Sched. E, s.8.]
Crown Liability and Proceedings Act, 2019 (fully split) [amended to 2021, c. 39, Sched. 2, s. 6]Reg.210/19 - Garnishment (fully split) [no amends] Public Authorities Protection Act (fully split) [amended to 2006, c. 21, Sched. C, s. 132.]
FEDERAL STATUTES
Crown Liability and Proceedings Act (not split) [RSC 1985, c C-50] [no amends at 09 Nov 2025]SOR/91-604 - Crown Liability and Proceedings (Provincial Court) Regulations (not split) [no amends]
SIMON'S POLITICS and CROWN LIABILITY
[last re-work 17 November 2025]
|
