WSIB Lawyer Skip to content
Trial Tested Injury Lawyers

What is Liability of Government in Tort Law?

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

What is Liability of Government in Tort Law?

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.
government liability in tort

For as long as Ontario has had a legal system, the government has held citizens responsible when they damage government property. From vandalized buildings to damaged roads, the government will not hesitate to hold the responsible citizen liable. This can happen when the damage was intentional or when it occurred through a careless accident.

The opposite has not always been true, however. While the government has always had an avenue to recover compensation, for years private citizens had no recourse against the government. Although that changed over the years, recent updates to Ontario law have again restricted government liability in tort.

What is Liability of Government in Tort Law?

So, what is government liability? Government liability in tort is different compared to a negligence complaint between two private citizens. However, understanding the liability of government in tort is easiest by considering the history of these lawsuits in Ontario.

Common Law

Historically, the theory of government liability was that “the king can do no wrong.” In other words, no private citizen could sue the government for civil damages. This is true even when government actors are careless or reckless.

Ultimately, this system was unfair. Starting in the 1940’s, governments in the United Kingdom began to institute so-called “crown proceedings acts.” Under these laws, private citizens can bring civil actions against the government. However, Ontario did not adopt a similar law until 1990.

The Proceedings Against the Crown Act

Since 1990, the Proceedings Against the Crown Act has given citizens injured by an agent of the provincial government a path to recover monetary compensation. This act was an enormous step from the common law and opened up real options for injury victims harmed by the government.

The Proceedings Against the Crown Act did not provide limitless opportunities, however. There are some important differences in the rights and requirements of a plaintiff that differ significantly from a standard negligence lawsuit. The Act requires additional notice requirements and places other burdens on the plaintiff prior to filing suit. The act also does not open every government entity to liability. For example, there are limits to the liability a municipal corporation could face.

Despite the progress Ontario has made when it comes to government liability in tort, recent changes have dramatically reduced the rights of a private citizen to bring a lawsuit for damages against the provincial government.

The Crown Liability and Proceedings Act

The Crown Liability and Proceedings Act was adopted in July of 2019. The adoption of the act was sudden, and it was buried deep within complex budget legislation. Unfortunately, this Act has stripped away many of the rights to bring a suit against the government.

Because the act is new, the true impact is unknown. However, many legal experts have shared their concerns regarding the restrictive nature of the new law. It remains to be seen how restrictive the Crown Liability and Proceedings Act is in practice. However, there is concern that a large number of negligence claims and class action lawsuits could be barred moving forward. In fact, because the Crown Liability and Proceedings Act is retroactive, existing lawsuits could e impacted by the change.

Bringing a Lawsuit Against the Government

Despite the recent changes in the law, there are still opportunities to bring a negligence claim against government entities in Ontario. However, it is important to understand that the Crown Liability and Proceedings Act could impact your right to recover. Lawyers experienced in bringing civil suits against the government are in the best position to answer any questions you might have about your legal options.

Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader’s specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

OUR CLIENTS

What They Say About Us

Sherene AlySherene Aly
16:02 23 Mar 24
I was very pleased with my decision to retain David and his team for my case. Melissa Gizzo was simply amazing and was able to secure a fair settlement for me.
T TT T
17:46 16 Feb 24
Experienced and excellent law firm. Their lawyers are wonderful, articulate, dilligent, amicable, calm, respectful, responsible, resourceful and have good human and customer relationships Especially DAN HOLLAND 👌 He is an amazing lawyer as regards dealing with any of the Accident case.I was involvedIn an accident in 2019 February. He was God sent as he dutifully and relentlessly worked hard until the case was settled
LizLiz
22:43 18 Jan 24
I highly recommend Dan Holland as a disability lawyer. His commitment to my case made the process seamless. Dan's clear communication and ability to simplify complex legal matters made it easy for me to understand every step. He demonstrated genuine concern for my best interests, making him not only a skilled attorney but also someone easy to talk to.Dan’s support extended beyond legal expertise; he alleviated my stress during the long-term disability case. His calm approach and unhurried demeanour ensured that there was no rush in our collaboration. This, coupled with his dedication, made the entire experience more manageable, fostering confidence in his ability to handle the case with meticulous care.I wholeheartedly endorse Dan for anyone seeking a lawyer who not only gets results but also prioritizes your peace of mind.
Neeshanth SritharanNeeshanth Sritharan
21:49 01 Jan 24
My mom was involved in an accident impacting her daily life and ability to work. Dan Holland has worked with us during the duration of our case and has been helpful in fighting for her and supporting us, and organizing the things we needed. Our family is incredibly grateful of the outcome Dan was able to obtain for us. I would highly recommend him!
Faiza HamidFaiza Hamid
01:26 22 Dec 23
I'm so happy I chose Mena Brar and her team represet us . We could not ask for a better team she is so kind, loyal, and honest. she spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. I appreciate you. Did it for me and how this will help me get back on track with my life. keep helping others. You are doing amazing works, Mena Brar. I wish you all the best.
Brenda FurtadoBrenda Furtado
23:38 12 Dec 23
Many thanks to Silene Malhao for settling my husband's TORT claim and to Mena Brar for settling his accident benefits claim. These ladies made themselves available any time we had a question. They were very understanding and compassionate. We were completely taken care of throughout this process. We would definitely recommend this team to friends and family!
ShaunaShauna
15:52 06 Dec 23
We are so happy that we had David and his team represent us. We couldn't have asked for a better team. Not only is David incredibly skilled and experienced, he is kind and compassionate and it is clear how much he cares for his clients. Megan was also absolutely amazing to work with and was always on top of everything and there to answer any questions we had! Thank you!
Andrew CoutoAndrew Couto
23:10 21 Nov 23
I'm so happy I chose David as my lawyer. I spoke to a few lawyers before finding David and I noticed majority of them spoke to me in a way that felt demeaning or that my case wasn't big enough or important enough to take. One phone call with David and my opinion on lawyers changed. He spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. The whole process was wonderful. From dealing with David's law clerk Ingrid whom is an amazing and kind woman to his legal assistant Melissa whom is another amazing kind and talented young woman. I was so stressed about this case but from day 1 they helped ease that stress and always answered all my questions promptly and respectfully. I couldn't believe David got me to mediation within 6 months of being cut off my LTD and got me a settlement way beyond my expectations. I can't say enough good things about this law firm but I guarantee you that if you need a lawyer to fight for you David is your guy! . Believe me when I say this is the law firm for anyone dealing with personal injuries especially LTD denial claims. Thank you so much to David, Ingrid and Melissa you truly don't know how much I appreciate all you did for me and how this will help me get back on track with my life. Keep helping others you guys are doing amazing work! I wish you all the best!
Rose RegazziRose Regazzi
21:15 11 Oct 23
I sustained a relatively painful injury, affecting me long term.I wouldn't otherwise had pursued it, as it involved a relatively large corporation, but felt it necessary to do so. However, many lawyers were daunted, with one, who actually referred me to HIMPRO.I was connected with Dan Holland, who reviewed the case, provided with me realistic expectations, sound advice and had a willingness to move forward and represent me.His calm and professional demeanor, brought me to a place of reassurance. His ease in addressing all facets of this process, clearly demonstrated a wealth of experience. There was never any hesitation, when being challenged, and felt my best interest was always in the forefront.This case has since been resolved, to my complete satisfaction.Without reservation, HIMPRO (and Dan Holland, in particular), would be the only firm I would recommend for these type of cases.
js_loader

HIMPRO BY HIMELFARB PROSZANSKI LLP

HIMPRO is a leading law firm with full service personal injury and disability insurance lawyers. We have been recognized by Best Lawyers and assigned the highest rating, AV Preeminent, from Martindale-Hubbell. We provide a combined century of trial experience which has led to the successful settlement of over 10,000 cases with combined settlement value in excess of 3/4 billion dollars. Our mission is to win your case. At HIMPRO by Himelfarb Proszanski LLP we build winning cases. That’s the HIMPRO Advantage™.

LOCATION

Toronto
480 University Ave
Suite 1401
Toronto ON
M5G 1V2
(416) 599-8080

Brampton
2 County Ct Blvd
Suite 400
Brampton ON
L6W 3W8
(905) 595-6760

Hamilton
1 Hunter St E
Ground Floor
Hamilton ON
L8N 3W1
(905) 777-8002

Kitchener
22 Frederick St
7th Floor
Kitchener ON
N2H 6M6
(519) 772-7659

Oshawa
21 Simcoe St S
Oshawa ON
L1H 4G1
(289) 634-5554

Back To Top