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Date: Fri, 27 Jul 2007 16:36 From: Jason Neyers Subject: New Duty Case from the SCC
TORTS: DUTY OF CARE Syl Apps Secure Treatment Centre v. B.D. (Ont. C.A., January 20, 2006) (31404) “In January 1995, R.D. was apprehended by the Children's Aid Society and placed in a foster home. She was 14 years old and had written a story at her school which alleged that her parents had physically and sexually abused her. After a police investigation, no criminal charges were laid. R.D. was found to be a child in need of protection and temporary wardship was ordered. After being placed in foster care and subsequently transferred to several psychiatric facilities, she was sent to a treatment centre where B was her social worker/case coordinator. R.D., with her consent, was made a permanent ward of the Crown in October 1996. Her parents, grandmother, and three siblings issued a statement of claim seeking $40,000,000 in damages. The family’s allegations revolved around their assertion that R.D. was treated by the treatment centre and B as if her parents had physically and sexually abused her, that this was negligent conduct, and that the negligence caused R.D. not to return to her family, thereby depriving the family of a relationship with her. A motion was filed under Rule 21.01(1)(b) of the Ontario Rules of Civil Procedure to have the statement of claim struck out on the ground that it disclosed no reasonable cause of action. The motion was granted, but the Court of Appeal set aside the motions judge’s decision.” The Supreme Court of Canada held (unanimously) the appeal is allowed the action is dismissed with costs.
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