Family of Deceased Boy Sues Children’s Aid Societies for $4M

The family of a boy who died while under the care of Brandy Cooney and Becky Hamber has filed a lawsuit for $4 million against two Children’s Aid Societies (CAS), the couple, and three doctors. This civil lawsuit, which alleges negligence, is separate from the ongoing criminal trial of Cooney and Hamber in Milton, Ontario, where they have pleaded not guilty to first-degree murder and other charges related to the treatment of their younger son.

The biological family’s lawsuit was submitted in December 2024 to the Ottawa Superior Court on behalf of J.L., the surviving brother, and the estate of L.L., who passed away on December 21, 2022. The identities of the brothers are protected under a publication ban, and for the purposes of this article, L.L. is referred to as the deceased boy and J.L. as his brother. The family’s statement claims that the defendants exhibited a “callous disregard and complete lack of care” for the boys’ safety and well-being.

Details emerging from the ongoing murder trial suggest that L.L. was subjected to severe neglect, described as “extreme pain, suffering, and emotional distress” leading up to his death. Evidence has indicated that he was severely malnourished, weighing approximately the same as he did at age six, and had ceased to grow during his final months. The Crown alleges that L.L. was locked in a basement bedroom for most of the year, restrained in wetsuits and sleep sacks, deprived of food, and prevented from using the washroom.

Allegations of Neglect and Abuse

The boys, who were wards of the Ottawa CAS, were under the daily supervision of Halton CAS. The family’s lawsuit contends that both agencies were negligent in their handling of the adoption process and the supervision of Cooney and Hamber, which allegedly contributed to the boys’ injuries and L.L.’s death. The brothers had been removed from their biological family at a young age and placed in foster care in Ottawa, where they maintained contact with their mother and grandparents, who sought to regain custody in the mid-2010s.

Court decisions ultimately determined that it was in the boys’ best interest to remain under the care of Ottawa CAS, which was responsible for their safety and well-being. The family claims that the CAS failed to consider the boys’ Indigenous background during their placement, as highlighted by the Truth and Reconciliation Commission’s 2015 report, which emphasized the importance of keeping Indigenous families together and ensuring culturally appropriate environments for Indigenous children.

The lawsuit also alleges that both CAS organizations were aware of the abuse conditions but failed to act. Reports of suspected abuse had been brought to their attention, including observations made by the boys’ grandmother, who expressed concerns about their limited food and social interactions. Despite the alarming reports, CAS did not intervene adequately, according to the family’s claim.

Ongoing Legal Proceedings

The civil lawsuit is currently on hold while the criminal trial continues, with the expectation that it will resume following the verdict in the murder trial. Brenda Hollingsworth, representing the family, stated that much of the testimony given during the criminal trial can be utilized in the civil proceedings. The Crown and defense are anticipated to present their closing arguments in March 2025, with Justice Clayton Conlan expected to deliver a decision later that spring.

In response to inquiries from the media, both Halton and Ottawa CAS have indicated their intent to defend themselves against the allegations. Both agencies have conducted internal reviews following L.L.’s death and have undergone several external evaluations, although specific findings and changes have not been disclosed to the public.

The tragic circumstances surrounding L.L.’s death have raised serious concerns about the accountability of child welfare agencies and the systemic issues that may have contributed to this case. The family’s fight for justice reflects broader societal concerns regarding the protection of vulnerable children within the system.

If you or someone you know is affected by this report, mental health support resources are available through local services. In cases of immediate danger, it is important to call emergency services.