Proceedings Against the Crown

Wassef v Sun Life Assurance Company of Canada, 2016 CanLII 58939 (ON SCSM)

[12] When suing the Crown the proper party in a provincial Superior Court is the Attorney General of Canada ( see: Al's Steak House and Tavern Inc. v. Deloitte & Touche, 1997 CanLII 2339 (ON CA), 1997, 102 OAC 144; T1T2 Limited Partnership v. Canada, 1995 CanLII 7042 (ON SC), 23 O.R. (3d) 81, s. 23(1) Crown Liability and Proceedings Act, R.S.C. 1985, c. 50,

[13] Section 5 of the Crown Liability and Proceedings (Provincial Court) Regulations, SOR/91-604 provides that The Attorney General may file a defence or other reply to a document originating proceedings, including a counterclaim, if any, within

(a) 30 days after the service of the document of originating process,

[15] Further, section 25 of the Act provides that In any proceedings against the Crown, judgment shall not be entered against the Crown in default of appearance or pleading without leave of the court obtained on an application at least fourteen clear days notice of which has been given to the Deputy Attorney General of Canada. R.S., 1985, c. C-50, s. 25; 1990, c. 8, s. 31.