On a rule 21 motion, the Children’s Aid Society sought to strike a civil claim alleging negligent investigation, malicious prosecution, conspiracy, defamation, and Charter breaches arising from child protection involvement.
The court held that Ontario law is settled that a child protection agency owes no duty of care to parents or other third parties in exercising its statutory child protection mandate, including during investigations, even where bad faith is alleged.
The malicious prosecution pleading was also deficient because the society had no authority to initiate criminal proceedings and the essential elements of the tort were not pleaded.
Charter claims against the society were abandoned in submissions, and conspiracy and defamation references were conceded to be embarrassing.
The Statement of Claim was struck in its entirety against the society without leave to amend, and the plaintiff’s amendment motion was dismissed without prejudice as to claims against the OPP.
