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We have put Ontario on notice. Here is what comes next.

We have given Ontario the required advance notice. Here is how we plan to take the case to court, and what we must prove.

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A completed legal step.

On October 29, 2026, our family sent Ontario formal notice of a planned claim for compensation over the Ministry’s handling of our family member’s complaints and records. Crown Law Office–Civil acknowledged receipt that morning. Our dated case update describes that milestone. [7]

The notice gives Ontario advance warning of the case. We are now observing the 60-day notice period and preparing the court documents.

We plan to file in Ontario’s Superior Court of Justice on December 29, 2026. This article explains the steps we are following.

In this case, “the Crown” is the legal name for the Ontario government. [1, 3]

MISFEASANCE IN PUBLIC OFFICE · OUR CLAIM

The claim has four parts. The records connect them.

These are the parts of the legal test our case asks the court to decide.

  1. Public role

    Public power.

  2. Deliberate conduct

    Deliberate, unlawful conduct.

  3. Unlawfulness + likely harm

    Knowledge or reckless disregard.

  4. Harm

    Harm caused by that conduct.

The dated records below show what we rely on for each part.

What the 60-day notice does.

Section 18 of the Crown Liability and Proceedings Act, 2019 requires at least 60 days’ advance notice before starting a claim for compensation against Ontario. The notice describes the events behind the claim. Ontario publishes instructions for delivering it. [1, 2, 3]

Our notice describes what we say officials did, the harm we say it caused and the compensation we seek. It also asks Ontario to keep the relevant records.

Crown Law Office confirmed receipt on October 29. Our current step is the notice period. Filing in Superior Court comes next.

From notice to Superior Court.

First, we deliver the advance notice to Ontario. Ontario publishes a designated email route and instructions for this step. [3]

After the notice period, we plan to file a statement of claim. This document explains what we allege and what we ask the court to order.

A court official dates, signs and seals the claim and gives it a file number. We then formally deliver it to the defendant under the court rules. That delivery is called service. [4]

We completed the notice step on October 29. We are working toward the planned December 29, 2026 Superior Court filing.

What misfeasance in public office means.

Our claim is called “misfeasance in public office.” We say officials deliberately misused their public powers, knew they were acting unlawfully and likely to cause harm, or recklessly ignored both.

In Odhavji Estate v. Woodhouse, the Supreme Court explained this wrong. It can involve an official deliberately using their public position to harm someone, or knowingly acting unlawfully while knowing harm is likely. Recklessly disregarding the unlawfulness and likely harm can also meet the test. The person bringing the case must show that the conduct caused losses the law can compensate. [5]

We need evidence of the misuse of power, what officials knew and how their actions caused harm.

We organize the records around each point we must prove: what officials did, what they knew, why we say it was unlawful and how it caused a loss.

The additional permission stage.

Section 17 requires court permission for misfeasance and certain bad-faith claims. Lawyers call this permission “leave.” The case pauses while the judge considers it. Ontario can agree in writing to waive this step. [1]

The person bringing the case provides evidence sworn to be true and the required documents. The judge decides whether the case is brought honestly and has a reasonable possibility of success. [1]

We are preparing the evidence and documents for that request. We use section 17 to check what the court needs before we file.

How a case moves forward.

In Resler v. Anglin, decided June 19, 2026, the Supreme Court allowed most of an Alberta claimant’s civil case concerning alleged misuse of public powers to continue. The ruling allowed the case to move past an early stage. The Supreme Court’s public summary explains that result. [6]

Our case follows Ontario’s notice and permission process. Each stage has its own documents, evidence and decision.

As a case continues, the parties may exchange documents, question witnesses under oath, ask a judge to decide specific issues, discuss settlement or go to trial. Court rules and orders guide those steps. [2, 4]

The work during the waiting period.

We are checking dates against the original records, matching evidence to each part of the claim and documenting the losses. We also check explanations that challenge our account.

We track the notice period and the deadline for starting the claim as part of the filing plan. Section 18 also sets out a deadline extension that depends on the dates and circumstances. [1]

Legal advice helps us get those steps right. We also need to plan for filing fees, legal expenses and any costs a court could order us to pay. Ontario’s civil-claims guide explains those expenses. [1, 2]

How we will report our progress.

Each update will name the step completed and what comes next. We will explain court decisions and any material change to the filing plan.

Ontario received our notice on October 29. The 60-day notice period is underway. We plan to file in Superior Court on December 29, 2026.

Readers can follow the dated updates and public Ministry timeline to see the work as it develops. Support for our family would help pay for legal advice, case costs and everyday bills so we can keep going. Contributions are not open yet.

The sources below explain the Ontario process and the steps we are following.

Sources & notes.

The links below show what this piece is based on. Timeline entries are our public summaries of records. We keep the original evidence archive private.

  1. Crown Liability and Proceedings Act, 2019 · Sections 17 and 18

    The advance notice, pause while court permission is considered, sworn evidence, exchange of documents and deadline extension. Section 1 defines the Ontario Crown.

  2. Ontario · Civil claims: suing and being sued

    Public explanation of starting a claim, giving notice to Ontario and the costs of a case.

  3. Ontario · Serving documents on the Crown in a civil case

    Ontario’s published service routes and email requirements for giving notice and delivering court documents.

  4. Rules of Civil Procedure · Rules 14.01, 14.03, 14.07 and 16

    The rules for starting a case, issuing court documents and formally delivering the claim.

  5. Odhavji Estate v. Woodhouse, 2003 SCC 69

    Particularly paragraphs 22–32: the elements of misfeasance in public office, causation and legally compensable harm.

  6. Supreme Court of Canada · Resler v. Anglin, Case in Brief

    June 19, 2026. The Court’s plain-language summary explains why most of an Alberta claim could proceed at a preliminary stage.

  7. Our case update · October 29 notice and planned filing

    Our dated account of giving notice, Crown Law’s receipt and preparation for the Superior Court filing.

Published November 3, 2026. Updated November 4 to explain the notice period, planned Superior Court filing and permission process in direct, conversational language. A further language pass explains court terms beside the steps they describe. Original publication date, authorship and sources retained.