Snow-clearing lawsuit can be heard, Supreme Court of Canada rules in B.C. case
A woman will get another chance to sue for damages over a leg injury she suffered while climbing through snow piled by a city's plow, the Supreme Court of Canada has ruled.
Taryn Joy Marchi alleged the City of Nelson, B.C., created a hazard when it cleared snow from downtown streets after a storm in early January 2015.
The removal effort left snow piles at the edge of the street along the sidewalk early in the morning of Jan. 5.
Late in the afternoon of Jan. 6, Marchi - then a 28-year-old nurse - parked in an angled spot on the street and, wearing running shoes with a good tread, tried to cross a snow pile to get on to the sidewalk.
Her right foot dropped through the snow and she fell forward, seriously injuring her leg.
Marchi contended the city should have left openings in the snowbank to allow safe passage to the sidewalk.
She pointed to the neighbouring municipalities of Castlegar, Rossland and Penticton in arguing there were preferable ways to clear the streets so as to ensure safe access for pedestrians.
However, the trial judge dismissed her case, saying the city was immune from liability because it made legitimate policy decisions about snow clearing based on the availability of personnel and resources.
In any event, the judge concluded, Marchi assumed the risk of crossing the snow pile and was “the author of her own misfortune.”
The B.C. Court of Appeal overturned the decision and ordered a new trial, saying the judge erred in addressing the city's duty of care and the question of Marchi's negligence.
The ruling prompted the City of Nelson to seek a hearing in the Supreme Court.
In a written submission to the high court, the city said its actions amount to “a clear example of a core policy decision” that should be immune from liability.
In her filing with the court, Marchi said city employees made a number of operational decisions that fell below the expected standard of care of a municipality - decisions not required by the written policy.
In its 7-0 ruling Thursday, the Supreme Court said a fresh trial should take place because the city has not proved that its decision on how to clear the snow was “a core policy decision” immune from liability.
While there is no suggestion the city made an irrational or “bad faith decision,” the city's core policy defence fails and it owed Ms. Marchi a duty of care, justices Sheilah Martin and Andromache Karakatsanis wrote on behalf of the court.
“The regular principles of negligence law apply in determining whether the City breached the duty of care and, if so, whether it should be liable for Ms. Marchi's damages.”
This report by The Canadian Press was first published Oct. 21, 2021.
CTVNews.ca Top Stories
Young people 'tortured' if stolen vehicle operations fail, Montreal police tell MPs
One day after a Montreal police officer fired gunshots at a suspect in a stolen vehicle, senior officers were telling parliamentarians that organized crime groups are recruiting people as young as 15 in the city to steal cars so that they can be shipped overseas.
'It was joy': Trapped B.C. orca calf eats seal meat, putting rescue on hold
A rescue operation for an orca calf trapped in a remote tidal lagoon off Vancouver Island has been put on hold after it started eating seal meat thrown in the water for what is believed to be the first time.
Man sets self on fire outside New York court where Trump trial underway
A man set himself on fire on Friday outside the New York courthouse where Donald Trump's historic hush-money trial was taking place as jury selection wrapped up, but officials said he did not appear to have been targeting Trump.
Sask. father found guilty of withholding daughter to prevent her from getting COVID-19 vaccine
Michael Gordon Jackson, a Saskatchewan man accused of abducting his daughter to prevent her from getting a COVID-19 vaccine, has been found guilty for contravention of a custody order.
Mandisa, Grammy award-winning 'American Idol' alum, dead at 47
Soulful gospel artist Mandisa, a Grammy-winning singer who got her start as a contestant on 'American Idol' in 2006, has died, according to a statement on her verified social media. She was 47.
She set out to find a husband in a year. Then she matched with a guy on a dating app on the other side of the world
Scottish comedian Samantha Hannah was working on a comedy show about finding a husband when Toby Hunter came into her life. What happened next surprised them both.
B.C. judge orders shared dog custody for exes who both 'clearly love Stella'
In a first-of-its-kind ruling, a B.C. judge has awarded a former couple joint custody of their dog.
Shivering for health: The myths and truths of ice baths explained
In a climate of social media-endorsed wellness rituals, plunging into cold water has promised to aid muscle recovery, enhance mental health and support immune system function. But the evidence of such benefits sits on thin ice, according to researchers.
'It could be catastrophic': Woman says natural supplement contained hidden painkiller drug
A Manitoba woman thought she found a miracle natural supplement, but said a hidden ingredient wreaked havoc on her health.