This appeal concerned the liability of Children's Aid Societies (CAS) and the Ontario government for damages arising from flawed hair follicle drug and alcohol test results from the Motherisk Drug Testing Laboratory (MDTL) used in child protection proceedings.
Family members (parents and siblings) of children apprehended by CASs sued for negligence, negligent investigation/supervision, intentional infliction of mental distress, bad faith, breach of fiduciary duty, misfeasance in public office, and Charter breaches.
The motions judge dismissed these claims, finding that CASs and Ontario did not owe a private law duty of care to parents or family members, as their primary duty is to the child's best interests, creating an untenable conflict of interest.
The Court of Appeal upheld the motions judge's decision, affirming that the CAS's duty is solely to the child, and Ontario's duties are general public duties, not private law duties to individuals in child protection matters or related to laboratory oversight.
The court also rejected claims of bad faith and Charter breaches as being disguised negligence claims, and dismissed claims for breach of fiduciary duty and s. 35(1) of the Constitution Act, 1982, finding these duties are owed to the Indigenous child, not the Indigenous parent.