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ARTICLE · 12 JUNE 2024

Can I Sue For That?: Civil Suits Against Regulators

WeirFoulds LLP
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Regulators in Ontario enjoy several different types of immunities from legal challenges, including immunity from being sued in negligence for acts undertaken in good faith.

CanadaLitigation, Mediation & Arbitration
Natasha Novac
Natasha Novac
Alessandra Giorgi, Summer Law Student
Alessandra Giorgi, Summer Law Student
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Regulators in Ontario enjoy several different types of immunities from legal challenges, including immunity from being sued in negligence for acts undertaken in good faith. Generally, the courts have judiciously protected immunities in order to spare regulators undue interference in their processes, which are designed to protect the public interest. But the legal protections for regulators do not extend to bad faith conduct, and a new case from British Columbia, Thmbran, may have lowered the bar for what a court is willing to consider bad faith, at least at the preliminary phase on a motion to strike as disclosing no reasonable cause of action.

i. Protecting Regulatory Activity: Statutory Immunities

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