The concept of government liability in negligence for policy vs.
operational decisions has existed for some time. Core policy
decisions are exempt from liability, whereas operational decisions
are subject to the usual common law liability considerations. The
line between policy and operational decisions can be blurry,
leading to inconsistent case law.
In City of Nelson v Marchi, 2021 SCC 41,
the Supreme Court considered this unclear concept of core policy
vs. operational decision immunity in the context of municipal
liability for a slip and fall claim and provided additional clarity
on where to draw the line.
Case Facts + History
The facts of the case were straightforward. Based on its written
snow removal documents and unwritten practices, the City started to
plow and sand streets after a heavy snowfall. One of the tasks
completed by City employees was clearing snow in angled parking
stalls on roads in the downtown core. The employees plowed the snow
to the
