Taryn Joy Marchi alleged the City of Nelson created a hazard when it cleared snow from downtown streets after a storm in early January 2015. (Bill Metcalfe - Nelson Star)

Taryn Joy Marchi alleged the City of Nelson created a hazard when it cleared snow from downtown streets after a storm in early January 2015. (Bill Metcalfe - Nelson Star)

Supreme Court of Canada set to help settle Nelson snow-clearing squabble

Taryn Joy Marchi alleged the City of Nelson created a hazard when it cleared snow from downtown streets

It’s starting to feel like spring for many Canadians, but the country’s top court is about to wade into the issue of snow removal from wintry city streets.

The Supreme Court of Canada hearing Thursday could also help settle the question of when a public body such as a municipal government can be held liable for its decisions.

Taryn Joy Marchi alleged the City of Nelson 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 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, injuring her leg and winding up in hospital.

ALSO READ: Nelson loses snow-clearing appeal, new trial ordered

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, a 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.

Certain decisions of the city’s street cleaning crew may properly have been characterized as “operational in nature” as opposed to policy decisions, the appeal court concluded.

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 says its actions are “a clear example of a core policy decision” that should be immune from liability.

The city’s written and unwritten snow-removal policies plainly engage in a balancing of interests among competing parties, the submission says. “This is the core of a political decision — allocating scarce resources based on a good faith exercise of discretion.”

In her filing with the Supreme Court, Marchi says 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.

“With respect to standard of care, the trial judge never properly addressed the reasonableness of the decision to create the hazard and leave it in place for 30 hours,” Marchi argues.

“Instead, the trial judge rested his analysis on the fact that the city had followed its policy.”

Jim Bronskill, The Canadian Press

Like us on Facebook and follow us on Twitter.

Want to support local journalism? Make a donation here.

Court

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

A rider crosses a “skinny” on the newly opened trail known as 90s Jank, built within the Hartland system by volunteers with the South Island Mountain Bike Society. (Youtube/MTB Matt)
Mountain bikers celebrate first new trail in years on Saanich’s Mount Work

90s Jank trail a product of licence agreement between CRD and mountain bike society

The hiring of out-of-province workers by the Canadian Red Cross to staff the vaccination centre in Langford has raised eyebrows. (Black Press Media file photo)
Red Cross hires out-of-province workers to staff Langford vaccination centre

Staffer worries local jobs weren’t offered to local people

A weekend of sunny skies may have Victoria breaking temperature records, according to an Environment Canada meteorologist. (Jane Skrypnek/News Staff)
Temperature records eyed for Victoria with sunny weekend forcast

Victoria hit the highest April 14 temperature since 1926 on Wednesday

Fire crews respond to the 3500-block of Blanshard Street in Saanich on April 16. (Devon Bidal/News Staff)
UPDATED: BC Hydro crews repairing failed electrical equipment in Saanich

Vernon Avenue reopen to traffic following closure by Saanich firefighter, police

The District of Saanich announced April 12 that the Cedar Hill Golf Course clubhouse would remain closed for at least six months for repairs after a flood on Feb. 14 caused by faulty sprinklers. (Devon Bidal/News Staff)
Faulty sprinklers to blame for second Cedar Hill Golf Course clubhouse closure in just over a year

Saanich facility facing six-month shutdown for flood repairs, course not impacted

Rainbow trouts thrashing with life as they’re about to be transferred to the largest lake of their lives, even though it’s pretty small. These rainbows have a blue tinge because they matched the blue of their hatchery pen, but soon they’ll take on the green-browns of their new home at Lookout Lake. (Zoe Ducklow/News Staff)
VIDEO: Lookout Lake stocked with hatchery trout to delight of a seniors fishing club

The Cherish Trout Scouts made plans to come back fishing soon

For Leela Harrop, the recent death of her brother Raju Tiwari pushed her to sign up for the vaccine. Photo supplied
Island woman on fence about vaccine prompted by brother’s death

Leela Harrop of Comox says she did have issues with signing up online this past week

Royal Inland Hospital in Kamloops. (Dave Eagles/Kamloops This Week file photo)
RCMP intercept vehicle fleeing with infant taken from Kamloops hospital

The baby was at the hospital receiving life-saving care

Vancouver Police Const. Deepak Sood is under review by the Independent Investigations Office of B.C. after making comments to a harm reduction advocate Sunday, April 11. (Screen grab)
VIDEO: Vancouver officer convicted of uttering threats under watchdog review again

Const. Deepak Sood was recorded Sunday saying ‘I’ll smack you’ and ‘go back to selling drugs’ to a harm reduction advocate

Provincial health officer Dr. Bonnie Henry prepares a daily update on the coronavirus pandemic, April 21, 2020. (B.C. Government)
B.C.’s COVID-19 infection rate persists, 1,005 new cases Friday

Hospitalization up to 425, six more virus-related deaths

The Nautical Dog Cafe at Skaha marina is getting its patio ready in hopes Mother Nature will provide where provincial restrictions have taken away indoor dining. (Facebook)
‘A lot of instability’: B.C. restaurants in layoff limbo

As COVID-19 cases stay high, restaurants in British Columbia are closed to indoor dining

Prime Minister Justin Trudeau looks on as Deputy Prime Minister and Finance Minister Chrystia Freeland responds to a question during a news conference on Parliament Hill in Ottawa, Tuesday, Aug. 18, 2020. THE CANADIAN PRESS/Adrian Wyld
Expectations high as Trudeau Liberals get ready to unveil first pandemic budget

The Liberals will look to thread an economic needle with Monday’s budget

John Furlong, Own The Podium board chairman and former CEO of the Vancouver Olympics, addresses a Vancouver Board of Trade luncheon in Vancouver, B.C., on Wednesday November 25, 2015.THE CANADIAN PRESS/Darryl Dyck
John Furlong presents 2030 Winter Games vision to Vancouver Board of Trade

Vancouver and Whistler would remain among host sites because of 2010 sport venues still operational

Photo by Metro Creative Connection
New campgrounds coming to B.C. parks as part of $83M provincial boost

This season alone, 185 campsites are being added to provincial parks, says Minister of Environment and Climate Change

Most Read