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

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