The defendant, Her Majesty the Queen in Right of Ontario (representing the Family Responsibility Office), moved for summary judgment to dismiss the plaintiff's action for negligence and breach of fiduciary duty.
The plaintiff alleged that the FRO negligently authorized the return of her ex-husband's suspended passport, allowing him to flee the country and evade over $200,000 in support arrears.
The court dismissed the motion, finding that the FRO owed a prima facie duty of care to the support recipient and that genuine issues regarding the standard of care and damages required a trial.
