Liability in tort
5 (1) Except as otherwise provided in this Act, and despite section 71 of the Legislation Act, 2006, the Crown is subject to all liabilities in tort to which, if it were a person of full age and capacity, it would be subject, (a) in respect of a tort committed by any of its servants or agents; (b) in respect of a breach of the duties that one owes to one’s servants or agents by reason of being their employer; (c) in respect of any breach of the duties attaching to the ownership, occupation, possession or control of property; and (d) under any statute, or under any regulation or by-law made or passed under the authority of any statute.  R.S.O. 1990, c. P.27, s. 5 (1); 2006, c. 21, Sched. F, s. 124. Where proceedings in tort lie (2) No proceeding shall be brought against the Crown under clause (1) (a) in respect of an act or omission of a servant or agent of the Crown unless a proceeding in tort in respect of such act or omission may be brought against that servant or agent or the personal representative of the servant or agent.  R.S.O. 1990, c. P.27, s. 5 (2). Liability for acts of servants performing duties legally required (3) Where a function is conferred or imposed upon a servant of the Crown as such, either by a rule of the common law or by or under a statute, and that servant commits a tort in the course of performing or purporting to perform that function, the liability of the Crown in respect of the tort shall be such as it would have been if that function had been conferred or imposed by instructions lawfully given by the Crown.  R.S.O. 1990, c. P.27, s. 5 (3). Application of enactments limiting liability of servants of the Crown (4) In a proceeding against the Crown under this section, an enactment that negatives or limits the liability of a servant of the Crown in respect of a tort committed by that servant applies in relation to the Crown as it would have applied in relation to that servant if the proceeding against the Crown had been a proceeding against that servant.  R.S.O. 1990, c. P.27, s. 5 (4). Property vesting in the Crown (5) Where property vests in the Crown independent of the acts or the intentions of the Crown, the Crown is not, by virtue of this Act, subject to liability in tort by reason only of the property being so vested.  2007, c. 7, Sched. 34, s. 1. Same (5.1) Property that vests in the Crown as a consequence of the dissolution of a corporation by the Crown is property that vests in the Crown independent of the acts or the intentions of the Crown within the meaning of subsection (5).  2007, c. 7, Sched. 34, s. 1. Same (5.2) Subsections (5) and (5.4) do not affect the liability of the Crown under this Act in respect of any period after the Crown, or a servant or agent of the Crown, (a) in respect of personal property, begins to use the property for Crown purposes; or (b) in respect of land, has registered a notice against the title to the property that it intends to use the property for Crown purposes.  2007, c. 7, Sched. 34, s. 1; 2015, c. 38, Sched. 7, s. 58 (1). Notice (5.3) Registration of the Crown on title under subsection 12 (1) of the Forfeited Corporate Property Act, 2015 or any registration on title to land by the Public Guardian and Trustee is not notice for the purposes of clause (5.2) (b). 2015, c. 38, Sched. 7, s. 58 (2). No liability in tort (5.4) Where property vests in the Crown in the manner described in subsection (5), the Crown is not liable in tort by reason of any act, neglect, default or omission of the Crown or anyone acting on its behalf or with its approval related to any of the following purposes or a purpose that is similar to the following purposes: 1. Investigating, securing, maintaining or managing the property. 2. Restoring the property to productive use, responding to complaints or preserving public health and safety. 3. Exercising any authority in respect of the property under the Escheats Act, 2015 or the Forfeited Corporate Property Act, 2015. 2015, c. 38, Sched. 7, s. 58 (3). (5.5) Repealed: 2015, c. 38, Sched. 7, s. 58 (3). Limitation of liability in respect of judicial acts (6) No proceeding lies against the Crown under this section in respect of anything done or omitted to be done by a person while discharging or purporting to discharge responsibilities of a judicial nature vested in the person or responsibilities that the person has in connection with the execution of judicial process.  R.S.O. 1990, c. P.27, s. 5 (6). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. F, s. 124 - 25/07/2007 2007, c. 7, Sched. 34, s. 1 - 17/05/2007 2015, c. 38, Sched. 7, s. 58 (1-3) - 10/12/2016