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ARTICLE · 26 OCTOBER 2021

Supreme Court Gives Guidance On "Core Policy" Immunity

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On October 21, 2021 the Supreme Court of Canada (SCC) released its decision in Nelson (City) v. Marchi, 2021 SCC 41 providing insight into the Court's analysis of core policy immunity...

CanadaLitigation, Mediation & Arbitration
Kevin A. McGivney
Kevin A. McGivney
Sarah Sweet
Sarah Sweet
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On October 21, 2021 the Supreme Court of Canada (SCC) released its decision in Nelson (City) v. Marchi, 2021 SCC 41 providing insight into the Court's analysis of core policy immunity in the context of specific challenges to the winter maintenance decisions of Nelson, British Columbia.

Overview of facts

After a heavy snowfall, the City of Nelson (the City) plowed and sanded its streets pursuant to its written snow clearing and removal policies and unwritten practices. This winter maintenance included the clearing of snow in angled parking stalls on streets located in the downtown core. However, the City did not clear an access route to the sidewalk for drivers parking in the stalls. Ms. Marchi parked in one of the angled parking stall and was injured while trying to cross the snowbank created by the City's clearing.

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