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If a non-profit violates a section of an Act (Legislation) can citizens take the non-profit to court?


Section 45(8) of the Ontario Child and Family Services Act states that no person shall publish information that identifies a child in foster care. The non-profit corporation (C.A.S.) publishes photos of kids in care who are available for adoption in violation of ss. 45(8) of the Act. Can a citizen who is not harmed by this action take them to court for the violation? Even if that citizen has suffered no harm as a result of their action? Basically can an unaffected person take them to court using a statement of claim? How does one proceed.

Generally, in order to bring a lawsuit, you must have "standing." In general, this means that the person bringing the lawsuit must have been damaged (or rights violated). There are very few exceptions to this rule.

The fact that a corporation is "non-profit" has nothing to do with your right to sue them, however, and non-profit orgs are sued all the time. In general, however, YOUR rights must be violated before you can bring a lawsuit.

In order to bring a lawsuit, the person bringing the suit must be able to show damages caused by the action they are suing against. So, no, a person not affected by an action has no cause for a lawsuit.

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