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Nov 15, 2021 · the effect of statutes like the Crown Liability and Proceedings Act, 2019, which govern the boundaries of government immunity; how the analysis may be different for claims of pure economic loss, rather than personal injury. Typically, courts have been reluctant to find a duty of care for claims of pure economic loss.
o private citizens through the tort of misfeasance in public office.With the Crown Liability and Proceedings Act2 (“CLPA”), the government of Ontario has attempted to push back the boundaries o. Crown immunity established by the courts to a more expansive scope. Sections 11 and 17 of the CLPA, in particular, direct.
Jan 13, 2022 · Georgia Tort Claims Act. Sovereign immunity is waived for torts of State officers and employees while acting within the scope of their employment and shall be liable for such torts in the same manner as a private individual would be liable under like circumstances. O.C.G.A. §§ 50-21-20, 50-21-37 (1992).
Oct 26, 2021 · Recently, in Nelson (City) v. Marchi, 2021 SCC 41 (“Marchi”), the Supreme Court of Canada took up the challenge of clarifying the analysis to be followed in tort claims brought in negligence against public entities. In particular, the Supreme Court dealt with the enigmatic ‘core policy’ defence, and provided litigants with guidance on (a) the … Continued
- Facts
- The Trial and British Columbia Court of Appeal Decisions
- The Issues Before The Supreme Court of Canada
- The Supreme Court of Canada Decision
- Key Takeaways
On January 4 and 5, 2015, the City of Nelson, British Columbiaexperienced heavy snowfall requiring the streets to be ploughed andsanded. On Baker Street, where there were angled parking stalls,City employees ploughed and banked the snow creating a curb thatseparated the parking stalls from the sidewalk without clearing anaccess route to the sidewal...
Justice McEwan, writing for the British Columbia Supreme Court("trial court") held that the City did not owe Ms. Marchia duty of care because its snow removal decisions were core policydecisions. Justice McEwan considered that the City followed itswritten and unwritten policies on snow removal and its"decisions were dictated by the availability ofr...
There were three issues on appeal before the Supreme Court ofCanada: (1) whether the trial judge erred in concluding that theCity did not owe Ms. Marchi a duty of care because its snow removaldecisions were core policy decisions, (2) whether the trial judgeerred in his standard of care analysis, and (3) whether the trialjudge erred in his causation...
In determining whether the City owed a duty of care to theplaintiff, the Justices Karakatsanis and Martin (writing for theCourt) relied on the decision in Just v.British Columbia, [1989] 2 S.C.R. 1228("Just"). In Just, a boulder fell from a slope above a publichighway onto a car, causing injuries to the driver. The Court heldthat users of a highway...
This decision provides further clarity on the distinctionbetween "operational" and "policy" decisions ofgovernment actors. Plaintiffs, government actors, and insurers willlook to this decision to evaluate the extent to which a governmentactor may be liable in tort for negligence. The content of this article is intended to provide a generalguide to ...
Mar 25, 2022 · …an action for public law damages “is not a private law action in the nature of a tort claim for which the state is vicariously liable but [a distinct] public law action directly against the state for which the state is primarily liable”. In accordance with s. 32 of the Charter, this is equally so in the Canadian constitutional context.
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Dec 2, 2014 · The fact-specific analysis led to a different conclusion on the contract claim than the tort claim. In concluding that the contract claim arose in Quebec, the motion judge had noted that the dam project was in Northern Quebec, LaFlamme's project manager was on site in Quebec directing the project and the contract was administered out of the Public Works and Government Services Canada office in ...
