Ashak v. Ontario: Can I Sue the FRO?
In the case of Ashak v. Ontario, the Court canvassed the issue as to whether the Family Responsibility Office (commonly referred to as the 'FRO') can be sued when they are negligent and/or act in a substandard manner.
In the case of Ashak v. Ontario, the husband was ordered by the Ontario Courts to pay both child and spousal support to his former wife and children. Like many other spousal and child support orders, the wife filed the order with the FRO.
Following the finalization of the divorce, the husband fled the country. He left to Iraq, a country upon which Canada had no reciprocal support enforcement agreement. This means that Iraq did not enforce orders made in Canada. The husband did not pay any support to his wife or children, and therefore his Canadian passport was suspended by the FRO.
The husband then went to the FRO as he wanted his passport to be reinstated. The FRO advised the husband that they would only do so if he pays all of his support arrears or if he secures a variation of support (either court ordered or agreed upon by the parties).
Subsequently, the husband went to the FRO claiming that he and his lawyer were waiting for the variation order. The FRO proceeded to remove the suspension of the husband's passport. The husband then left Canada and has yet to return.
The wife proceeded to sue to see the FRO for damages, claiming that there was a breach of duty, negligence, gross negligence and breach of a fiduciary duty.
The FRO attempted to have the charges dismissed by bringing a summary judgment motion. In other words, they attempted to have the action dismissed. They stated that there was no genuine issue for trial because the wife (a private citizen) had no cause of action against the Family Responsibility Office (a public agency).
However, the Ontario Superior Court of Justice allowed the case to proceed to court. Therefore, this matter will be proceeding to trial. The outcome of this case will be very interesting, as it will provide insight as to if and when the FRO may be sued when they are deemed to have acted in a negligent manner and/or breached their duty.
Call Krol & Krol today at 905.707.3370 for more information on the FRO.
