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ARTICLE · 26 MAY 2023

Suing The Crown In Ontario: Special Rules Apply

WeirFoulds LLP
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Any party planning to sue the provincial Crown in Ontario should carefully review the Crown Liability and Proceedings Act, 2019, S.O. 2019, c. 7, Sched. 17 ("CLPA").

CanadaLitigation, Mediation & Arbitration
J. Gregory Richards
J. Gregory Richards
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Any party planning to sue the provincial Crown in Ontario should carefully review the Crown Liability and Proceedings Act, 2019, S.O. 2019, c. 7, Sched. 17 ("CLPA"). The Court of Appeal's recent decision in Corrigan v. Ontario, 2023 ONCA 39 ("Corrigan") shows the result of disregarding its provisions. Having failed to give prior notice of her claim, as the CLPA requires, the plaintiff's claim was struck as a nullity.

Background

The plaintiff in Corrigan was a former officer of the Ontario Provincial Police. She commenced an action naming the Crown as a defendant for what she characterized as constructive dismissal. The plaintiff did not comply with s. 18(1) of the CLPA. It states that no proceeding that includes a claim for damages may be brought against the Crown unless, at least 60 days before the commencement of the proceeding, the claimant serves on the Crown notice of the claim "containing sufficient particulars to identify the occasion out of which the

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