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Municipal liability

Supreme Court of Canada clarifies the fine line between policy and operational decisions

by ATHERTON A, BAR T
Municipal liability
Published in March 2022 - Page 7

Historically, all government decisions enjoyed immunity from negligence claims because public authorities held a special status in governing society in the public interest. When making decisions that require the balancing of competing public interests, elected governments, answerable to the voters, should not be concerned with the risk of private lawsuits or courts interfering with their public policy choices. This approach safeguards the separation of powers of the legislative, executive, and judicial branches of government.

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