Family Sues After Death of Two Brothers in Care

WARNING: This story details allegations of child abuse.

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

This lawsuit, which claims negligence, is separate from Cooney’s and Hamber’s ongoing criminal trial in Milton, Ont., where both 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 necessities of life for his younger brother.

The Indigenous boys’ identities are protected by a publication ban. For our reporting, we refer to the older boy as L. L., who passed away on Dec. 21, 2022, and his brother as J. L. We’re also keeping their family members’ names private to protect the boys’ identities as mandated by the court.

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

The boys were wards of Ottawa CAS; Halton CAS managed their day-to-day case handling.

Boy ‘deeply loved’ by biological family

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

He was severely malnourished, weighing about what he did when he was six years old, with growth stunted during his final months alive, as revealed during the murder trial that began in September.

The Crown alleges L. L. was mostly locked in his basement bedroom at Cooney’s and Hamber’s Burlington home for over a year. He reportedly faced restraints like wetsuits, sleep sacks, hockey helmets, and tents while being deprived of food or forced to exercise without access to a washroom when needed.

J. L., now 13 years old, reportedly faced similar punishments according to Crown claims. He was taken from Cooney’s and Hamber’s care just days after L. L.’s death and has testified against them during their trial.

J. L. and L. L., left to right, are shown in an undated photo filed as a court exhibit. (Ontario Superior Court in Milton)

According to their family’s statement of claim, J. L. continues to suffer from “severe, permanent and serious impairments” affecting various important physical and mental functions due to how he was treated at Hamber’s and Cooney’s home.

CBC Hamilton contacted the defendants through their lawyers; however they either didn’t respond or declined comment since criminal proceedings are ongoing.

Ottawa CAS has informed the court it plans to defend itself along with some doctors involved. No statements of defense have been filed yet.

None of the claims made in this civil suit have been tested in court yet.

Biological family fought for custody

The brothers’ biological family alleges that both Halton CAS and Ottawa CAS were negligent regarding adoption processes as well as supervision over Hamber and Cooney-actions that contributed significantly to both boys’ injuries along with L. L.’s death.

The brothers were removed from their biological family’s care when they were very young before living with a foster family for several years in Ottawa-a detail highlighted during the murder trial.

D uring that time period , the brothers continued visits with grandparents along with their mother who attempted twice during mid-2010s to regain custody based on court decisions indicating her efforts.

However , the judge ultimately decided it would be best for them remaining wards under Ottawa CAS – putting agency responsible ensuring safety , well-being, and allowing adoptions.

A photo of L. L. CBC has blurred his face to protect his identity which is under a publication ban.(Name withheld)

The society should’ve considered aspects relating directly indigenous background while making placement decisions says family statement claim.

“The societies did not take these factors into consideration at all instead placed them Burlington far away from their indigenous birth families located within Ottawa.”

In 2015 Truth Reconciliation Commission highlighted necessity supporting Indigenous children better welfare system aiming reduce those entering care.

They urged governments providing additional resources focused keeping indigenous families together wherever safe possible maintaining culturally appropriate environments regardless residing location.

Under Ontario Child Youth Family Services Act cas must respect child need stable relationships pertaining familial ties cultures..

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