Here is an introduction to the history and process of suing the federal Crown in Canada. It will give you good info to increase your understanding before you begin a lawsuit.
Filing a lawsuit in Federal Court against only Her Majesty the Queen costs only $2. If you are suing any agent, department, agency of the government you are suing either the Crown, Her Majesty, Her Majesty in right of Canada or Regina. Interesting that there are so many titles you can sue. How to pick? hmmmm
FEDERAL COURT WEBSITE – How to File an action in Federal Court
Article – PDF download CBC News – source link – 45,000 legal claims pending against federal government
- Crown Liability and Proceedings Act R.S.C., 1985, c. C-50
- Federal Courts Act (R.S.C., 1985, c. F-7)
- Federal Courts Rules SOR/98-106
Download the GUIDE PDF – practical-guide-to-actions-against-crown-canada
A PRACTICAL GUIDE TO PROCEEDINGS AGAINST THE FEDERAL CROWN
Introduction:
The Crown could not be sued at common law. The Courts were creations of the Crown and as such it could not be compelled to appear before them and submit to their jurisdiction. Liability of the Crown has developed largely as a result of a series of statutes which have expanded the rights of individuals to claim ‘against the Crown and have simplified the procedure associated with the exercise of these rights.
While Parliament has by legislation and with the assistance of the Courts relaxed or abolished many of the Crown’s special immunities and prerogatives, it has not yet placed the Crown in the same position as an ordinary litigant. There still remains a distinct body of “Crown law”which is largely procedural rather than substantive. The following should hopefully assist the unfamiliar practitioner to avoid some of the associated pitfalls.
Historical Background
While the Crown was not subject to the jurisdiction of the Courts, it nevertheless had a recognized moral obligation to address legitimate complaints of its subjects.
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