The appellants, a foster parent and his daughters, appealed a motion judge's decision to strike their claims against Family and Children’s Services of the Waterloo Region (FCS) and two of its employees.
The claims included breach of statutory duty, breach of duty of care, breach of fiduciary duty, and defamation, stemming from an FCS investigation into sexual abuse allegations.
The motion judge struck the claims, granting leave only for misfeasance in public office.
The Court of Appeal affirmed the motion judge's decision, holding that child welfare agencies do not owe a duty of care or fiduciary duty to foster parents, as their paramount duty is to the child, which would create an irreconcilable conflict of interest.
The Court also upheld the striking of claims against individual employees, finding the allegations of bad faith insufficiently particularized to overcome statutory immunity under s. 15(6) of the Child and Family Services Act.
The appeal was dismissed with costs.
