Whelton Hiutin LLP lawyers Neil Wilson and Meaghan Coker were recently successful in a significant appeal concerning the interpretation of the Crown Liability and Proceedings Act, 2019. The appeal concerned whether the leave requirement for suing government employees under s. 17 of the Act, which applies to claims in respect of a “tort based on bad faith” could apply to a claim based on the tort of negligence. The Court of Appeal allowed the appeal from the lower court’s decision finding that s. 17 applied and held that s. 17 has no application to claims of negligence because negligence is not a “tort based on bad faith,” even where another statute provides immunity for actions done in good faith. A copy of the decision, Phixaykoune v. Ontario, 2026 ONCA 773, can be found here.