CAS and the Duty of Care

In many matrimonial matters where a child’s safety and security is at risk, the Children’s Aid Society ("CAS") will be involved in the matter. CAS workers have a duty of care to the children they are mandated to protect. However, do they have a duty to the family of these children? If a parent was negligently wronged by a CAS worker, does he/she have a claim against the CAS?

In the case of Pereira (Litigation guardian of) v. Ontario, 2015 (Ont. S.C.J.), Justice Dunphy cites the leading case on the issue, Syl Apps Secure Treatment Centre v. B.D. (S.C.C.) and he explains that the CAS does not have a duty of care to the parents.

Justice Dunphy explains as follows:

"[T]o recognize such a legal duty to the family of a child in their care, would pose a real risk that a secure treatment centre and its employees would have to compromise their overriding duty to the child. I also agree with Sharpe J.A. that the duty of care pertaining to the relationship between children in need of protection and those who are charged with their care should be clearly defined on a categorical basis, rather than being left in a fluid state to be resolved on a case-by-case basis.

I would not, as a result, recognize such a new legal duty. It follows that, in my view, it is "plain and obvious" that the statement of claim discloses no reasonable cause of action against these defendants."

It is to be noted that recently in R. (c) V.  Alberta (Director of Child and Family Services) 59 R.F.L. (7th) 124 (Alta. Q.B.) costs were awarded against the CAS in the amount of $11,000 where it was found that the director was far too one-sided and did not present a fair review of the situation to the Court.

To learn more about the CAS as well as the services provided by Krol & Krol, call 905.707.3370 today.