Erika Chamberlain, ‘Francis v Ontario: Can The Crown Restore Its Own Immunity?’

“In Francis v Ontario, the Court of Appeal for Ontario had its first opportunity to weigh in on the Ontario Crown Liability and Proceedings Act, 2019 [CLPA]. The Act, which was introduced as part of an omnibus bill, purports to expand the scope of Crown immunity in tort to include not just policy decisions but also ‘the manner in which a program, project or other initiative is carried out’, which seems to include what are commonly known as ‘operational’ matters. While the plain wording of the statute thus seems to expand Crown immunity, early interpretations avoided that implication in a number of ways …”

Erika Chamberlain, Francis v Ontario: Can The Crown Restore Its Own Immunity? (2021) 99 Canadian Bar Review 645.

First posted 2021-12-16 15:00:43

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