It's Snow Big Deal?

In a recent decision from the Supreme Court of Canada (SCC) Canada's highest court overruled a B.C. trial Judge who had decided that the City of Nelson's snow clearance and removal was an operational, not a policy decision, and therefore was immune from liability arising from Taryn Marchi's negligence claims. Taryn Joy Marchi, a nurse, had parked her car in a parking spot on Baker Street. Seeing no other way of getting to the sidewalk she tried to cross the snowbank created by the City's earlier snow plowing. In trying to climb the snowbank, she seriously injured her leg. She sued the City alleging that the City had been negligent in not creating openings to access the sidewalk. At trial, her case was dismissed. She took her case to the BC Court of Appeal and won the right to a new trial. The City of Nelson appealed that decision to the Supreme Court of Canada. In Nelson (City) v. Marchi 2021 SCC 41 Canada's highest court ruled that the City's snow removal decision