The Supreme Court of Canada (“SCC”) recently addressed the law with respect to government liability in negligence cases. It is a long standing principle in Canada that public authorities are generally immune from liability for core policy decisions. In Nelson (City of) v Marchi (“Nelson”), the SCC did not dramatically change the law, but rather the Court provided a framework for determining when a decision is one that is a core policy and thus, immune from liability.
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Municipalities Take Note – Recent Supreme Court of Canada Decision Sets Framework for Determining Municipal Liability
February 17, 2022