Nelson v Marchi 2021 SCC 41 – Tort Immunity for “True Policy Decisions” – A Tougher Defence for Municipalities?

In the recent Marchi case, the Supreme Court of Canada provided a clearer framework and delineation between true policy decisions and operational activities. What is clear from Marchi is that a true policy defence likely only applies in narrow circumstances. Courts must give close scrutiny to the specific impugned activity/decision, to determine whether the decision fits within a “narrow subset of discretionary decisions” to which immunity applies

Click here for the Briefing Note

Kristal M. Low

Kristal practices in the area of insurance litigation, with a focus on professional negligence actions and employment law. Her practice includes the defence of complex personal injury claims, medical malpractice, school liability claims, human rights claims, wrongful dismissal claims, products liability claims and directors and officers liability claims.