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
Most of Canada to receive emergency alert test today
The federal government will test its capacity to issue emergency alerts today, with the exception of Ontario, where the test will take place on May 15.
OPINION What King Charles' schedule being too 'full' to accommodate son suggests about relationship with Prince Harry
Prince Harry, the Duke of Sussex, has made headlines with his recent arrival in the U.K., this time to celebrate all things Invictus. But upon the prince landing in the U.K., we have already had confirmation that King Charles III won't have time to see his youngest son during his brief visit.
Ontario man devastated to learn $150,000 line of credit isn't insured after wife dies
An Ontario man found out that a line of credit he thought was insured actually isn't after his wife of 50 years died.
BREAKING Ontario Provincial Police arrest 64 suspects in child sexual exploitation investigation
Ontario Provincial Police say 64 suspects are facing a combined 348 charges in connection with a series of child sexual exploitation investigations that spanned across Ontario.
Boy Scouts of America is rebranding. Here's why they've changed their name
After more than a century, Boy Scouts of America is rebranding as Scouting America, another major shakeup for an organization that once proudly resisted change.
Trial begins for Winnipeg serial killer who claims he was mentally ill
The trial of a man who admits he killed four women in Winnipeg is set to begin Wednesday, and a law professor says lawyers for Jeremy Skibicki have multiple hurdles to clear for a defence of mental illness.
These adults born in the '90s partnered with their parents to buy homes in Ontario
An Ontario woman said it would have been impossible to buy a house without her mother – an anecdote that animates the fact that over 17 per cent of Canadian homeowners born in the ‘90s own their property with their parents, according to a new report.
New Canadian study could be a lifesaver for thousands suffering from CTE
A first-of-its-kind Canadian research study is working towards a major medical breakthrough for a brain disorder, believed to be caused by repeated head injuries, that can only be detected after death.
Rape, terror and death at sea: How a boat carrying Rohingya children, women and men capsized
In March, Indonesian officials and local fishermen rescued 75 people from the overturned hull of a boat off the coast of Indonesia. Until now, little was known about why the boat capsized.