In Bigeagle v. Canada (Fed CA, 2023) the Federal Court of Appeal considered that crown liability (here under the federal Crown Liability and Proceedings Act) does not impose liability on the Crown directly, but only vicarious liability on agents of the Crown:
[31] I recognize that the CLPA does not require that a claimant name a specific department, ministry or bureaucratic division. However, under the CLPA, the Crown itself is immune to liability in tort and can only be held liable for the actions or omissions of its servants or agents (CLPA at s. 3; Hinse v. Canada (Attorney General), 2015 SCC 35 at para. 58). A certain level of particularity is necessary to identify the servants or agents against whom liability is alleged (Canada (Attorney General) v. Jodhan, 2012 FCA 161 at paras. 87-89). This is so in order to allow for the determination of whether the person or body named is really a servant or agent of the Crown, and to provide that person or body the opportunity to respond to the allegations directed against them (Merchant Law Group v. Canada Revenue Agency, 2010 FCA 184 at para. 38).
This case bears on both federal and Ontario crown liability law.
The author has waived all copyright and related or neighboring rights to this Isthatlegal.ca webpage.
