Simon's Legal Resources

Crown Liability - Crown Employees

. Rebello v. Ontario [Ministers of the Crown as employees (servant)]

In Rebello v. Ontario (Div Court, 2022) the Divisional Court considered the liability of provincial Ministers and Ministries as Crown 'servants' (employees):

[7] The Associate Justice dismissed the Appellant’s motion to add the Proposed Defendants. The Associate Justice held that the Ministries and Ministers were not proper parties to the amended claim. The Associate Justice adopted the reasoning in Deep v. Ontario, 2004 CanLII 14527 (Ont. S.C.), which held that Ministries cannot be sued and that Ministers are not vicariously liable for the tortious conduct of other Crown servants since they themselves are servants of the Crown.

....

[20] In respect of the Appellant’s motion for leave to amend to add the Ministries and Ministers, although the Associate Justice did not apply Rule 5.04(2), he did not err in finding that they were not proper parties. The Associate Justice correctly applied the principles articulated in Deep v. Ontario, at paras. 82-83, that Ministries are not suable entities at law and that Ministers cannot be vicariously liable for the tortious conduct of other Crown servants.