Summary
41152
Christopher Michael Fowler, et al. v. Family and Children’s Services of the Waterloo Region, Alison Scott and Lynne Marie Frye
(Ontario) (Civil) (By Leave)
Keywords
Civil procedure — Commencement of proceedings — Motion to strike statement of claim — Foster parent responsible for care of Crown ward — Crown ward alleged sexual assault — Children’s aid society investigated allegations — Whether Syl Apps Secure Treatment Centre v. B.D, 2007 SCC 38, created categorical rule that children’s aid societies can only owe duty of care to children they serve, never to parent or any other third party.
Summary
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Mr. Fowler was a foster parent with whom Family and Children’s Services of the Waterloo Region (“FCS”) placed a child. When the child made allegations of sexual abuse, FCS investigated. The applicants sued FCS and two of its employees for breaches of statutory duty, a duty of care and fiduciary duty, as well as defamation. They claimed that shortcomings and failures in the FCS investigation led to the breakdown of their family. The respondents moved under r. 21.01(1)(b) of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194, to strike the pleading for failing to disclose a reasonable cause of action.
Applying Syl Apps Secure Treatment Centre v. B.D, 2007 SCC 38, and J.B. v. Ontario (Children and Youth Services), 2020 ONCA 198, the motion judge struck the claims as disclosing no reasonable cause of action. Mr. Fowler’s appeal was dismissed.
Lower Court Rulings
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