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Municipalities Take Note – Recent Supreme Court of Canada Decision Sets Framework for Determining Municipal Liability

February 17, 2022

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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