Crown Immunity

Crown Liability and Proceedings Act, 2019, S.O. 2019, c. 7, Sched. 17

9 (1) The Crown is not liable for torts committed by,

(a) Crown agencies

(b) Crown corporations;

(c) transfer payment recipients; or

(d) independent contractors providing services to the Crown for any purpose.

(2) Nothing in this Act subjects the Crown to a proceeding in respect of,

(a) anything done in good faith in the enforcement of the criminal law or of the penal provisions of an Act; or

(b) anything done or omitted to be done by a person while discharging or purporting to discharge responsibilities of a judicial nature vested in the person or responsibilities that the person has in connection with the execution of judicial process.

Notice of claim for damages required

18 (1) 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, in accordance with section 15, notice of the claim containing sufficient particulars to identify the occasion out of which the claim arose. 2019, c. 7, Sched. 17, s. 18 (1). Extension of applicable limitation period

(3) If a notice of claim is served under subsection (1) before the expiry of a limitation period applicable with respect to the claim but the 60-day period referred to in that subsection ends after the expiry of the limitation period, the limitation period is extended to the last instant of the seventh day following the end of the 60-day period. 2019, c. 7, Sched. 17, s. 18 (3).

(4) Despite subsection (1), no proceeding that includes a claim for damages may be brought against the Crown under clause 8 (1) (b) unless the notice required by subsection (1) is served on the Crown in accordance with section 15 no later than 10 days after the occurrence of the event out of which the claim arises. 2019, c. 7, Sched. 17, s. 18 (4).