Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
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)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2025-03-17 | Close file on Leave | |
| 2025-02-07 | Correspondence (sent by the Court) to, RE: Certificate of Taxation | |
| 2025-02-07 | Certificate of taxation issued to, James C. Dakin | |
| 2025-02-07 | Decision on the bill of costs, in the amount of: $1,085.39, in the amount of $1,085.39, Reg | |
| 2025-02-07 | Submission of the bill of costs, Reg | |
| 2024-09-26 | Bill of costs, UNDER REVIEW, Completed on: 2024-10-03 | Family and Children’s Services of the Waterloo Region, Alison Scott and Lynne Marie Frye |
| 2024-08-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-08-29 | Judgment on leave sent to the parties | |
| 2024-08-29 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number COA-22-CV-0397, 2024 ONCA 41, dated January 22, 2024, is dismissed with costs. Dismissed, with costs |
|
| 2024-07-08 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-06-17 | Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version due on 2024-06-24) | Christopher Michael Fowler |
| 2024-06-17 | Lower court order - e-filing, (Letter Form), CA Order, (Printed version due on 2024-06-24) | Christopher Michael Fowler |
| 2024-04-04 | Notice of name, (Letter Form), (Printed version filed on 2024-04-04) | Family and Children’s Services of the Waterloo Region, Alison Scott and Lynne Marie Frye |
| 2024-04-04 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2024-04-04) | Family and Children’s Services of the Waterloo Region, Alison Scott and Lynne Marie Frye |
| 2024-04-04 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-04-05, (Printed version filed on 2024-04-04) | Family and Children’s Services of the Waterloo Region, Alison Scott and Lynne Marie Frye |
| 2024-03-07 | Correspondence received from, (Letter Form), Applicant advised the lower court orders will be filed around April 10, 2024., (Printed version due on 2024-03-14) | Christopher Michael Fowler |
| 2024-03-07 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED | |
| 2024-03-07 | Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version due on 2024-03-14) | Christopher Michael Fowler |
| 2024-03-07 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version due on 2024-03-14) | Christopher Michael Fowler |
| 2024-03-07 |
Application for leave to appeal, (Book Form), Missing: - CA Order (Rec'd June 17, 2024) - Filing fee (Rec'd March 27, 2024), Completed on: 2024-06-17, (Printed version due on 2024-03-14) |
Christopher Michael Fowler |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Fowler, Christopher Michael | Applicant | Active |
| Tara Marie Fowler and Shawna Lynn Fowler | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Family and Children’s Services of the Waterloo Region, Alison Scott and Lynne Marie Frye | Respondent | Active |
Counsel
Party: Fowler, Christopher Michael
Counsel
Adam Elkeeb
400 Erie Street East
Unit 1
Windsor, Ontario
N9A 3X4
Telephone: (519) 966-1300
FAX: (519) 966-1079
Email: ray@clplaw.net
Party: Tara Marie Fowler and Shawna Lynn Fowler
Counsel
Adam Elkeeb
400 Erie Street East
Unit 1
Windsor, Ontario
N9A 3X4
Telephone: (519) 966-1300
FAX: (519) 966-1079
Email: ray@clplaw.net
Party: Family and Children’s Services of the Waterloo Region, Alison Scott and Lynne Marie Frye
Counsel
4 Robert Speck Parkway
Suite 100
Mississauga, Ontario
L4Z 1S1
Telephone: (905) 285-9963 Ext: 41018
Email: james.dakin@intact.net
Agent
440 Laurier Ave. West
Suite 200
Ottawa, Ontario
K1R 7X6
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Summary
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
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
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
Claims against respondents struck
Appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
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