Children’s Aid Society, couple in murder trial and doctors sued for $4M by family of 2 brothers

WARNING: This story details allegations of child abuse.

The biological family of the boy who died while in the care of Brandy Cooney and Becky Hamber have filed a $4-million lawsuit against two Children’s Aid Societies (CAS), the Ontario couple and three doctors.

The lawsuit, which alleges negligence, is separate from Cooney’s and Hamber’s ongoing criminal trial in Milton, Ont., where the two have pleaded not guilty to first-degree murder of the 12-year-old boy, and not guilty to confinement, assault with a weapon and failing to provide the necessaries of life to his younger brother. 

The Indigenous boys' identities are protected under a publication ban. For our coverage, we're referring to the older boy as L.L., who died on Dec. 21, 2022, and his brother as J.L. We’re also withholding the family members’ names to protect the boys’ identities as required by the court.

The civil lawsuit was filed in Ottawa Superior Court in December 2024 on behalf of J.L., the estate of L.L. and the boys’ birth mother. It alleges the defendants showed a “callous disregard and complete lack of care” for the lives, safety and well-being of the boys. 

The boys were wards of the Ottawa CAS; Halton CAS was responsible for the day-to-day handling of their case. 

L.L., was “deeply loved” by his brother and mother, and “suffered extreme pain, suffering and emotional distress” leading up to his death, the family’s statement of claim says.

He was severely malnourished, weighing about the same as he did when he was six years old, and had stopped growing in the last months of his life, the murder trial that began in September has heard. 

The Crown alleges L.L. was locked in his basement bedroom of the couple’s Burlington, Ont., home most of the time for over a year, and restrained in wetsuits, sleep sacks, hockey helmets and a tent, deprived of food, forced to exercise and not allowed to use the washroom when needed. 

J.L., who is now 13 years old, experienced similar punishments, the Crown contends. He was removed from Cooney’s and Hamber’s care a few days after L.L. died and has testified at the trial against Hamber and Cooney.  

According to the family’s statement of claim, he continues to experience “severe, permanent and serious impairments of important physical, mental, psychological and cognitive functions” because of how he was treated in Hamber’s and Cooney’s home. 

CBC Hamilton reached out to the defendants, some through their lawyers, who either didn’t respond or declined to comment as the criminal proceedings are ongoing. 

Ottawa CAS has notified the court it intends to defend itself, as have a few doctors. No statements of defence have yet been filed.

None of the allegations in the civil suit have been tested in court.