The plaintiff father brought an action against the Children's Aid Society of Ottawa (CAS) for negligence, Charter breaches, and misfeasance in public office, alleging improper conduct during child protection and adoption proceedings that occurred while he was facing a murder charge for which he was ultimately acquitted.
The CAS moved to strike the action.
The court granted the motion, finding the action was an abuse of process as a collateral attack on valid Family Court orders.
The court also held that the claims disclosed no reasonable cause of action, as the CAS owes a duty of care only to the children, not the parents, and the Charter and misfeasance claims were bound to fail.