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

Restaurant patrons enjoy the weather on a patio in Vancouver, B.C., Monday, April 5, 2021. The province has suspended indoor dining at restaurants and pubs until at least April 19 in B.C. due to a spike in COVID-19 numbers. THE CANADIAN PRESS/Jonathan Hayward
B.C. sets new COVID-19 daily record with 1,293 cases Thursday

New order allows workplace closures when infections found

The new 3,500 hectare conservancy in Tahltan territory is located next to Mount Edziza Provincial Park. (BC Parks Photo)
New conservancy protects sacred Tahltan land near Mount Edziza Provincial Park

Project is a collaboration between Skeena Resources, conservation groups and the TCG

Mabel Todd, 83, of the Nak’azdli First Nation, leads a group of family members and advocates of missing and murdered Indigenous women and girls as they walk along the so-called Highway of Tears in Moricetown, B.C. THE CANADIAN PRESS/Darryl Dyck
Province, feds fund full cell service along ‘Highway of Tears’ following years of advocacy

A ‘critical milestone in helping prevent future tragedies’ after at least 10 Indigenous women murdered, missing along the route

Erin O’Toole, Conservative Party of Canada leader, answered questions during a Terrace District Chamber of Commerce event on April 6, 2021. (Screenshot/Terrace District Chamber of Commerce Facebook)
Erin O’Toole discusses Terrace issues during virtual event

Federal Conservative leader answered questions during a Terrace & District Chamber of Commerce event

Tree; Burns Lake library. (Laura Blackwell photo/Lakes District News)
Dragon Tree christened

The Burns Lake Public Library contest for dragon and tree names has… Continue reading

Restaurant patrons enjoy the weather on a patio in Vancouver, B.C., Monday, April 5, 2021. The province has restricted indoor dining at all restaurants in B.C. due to a spike in COVID-19 numbers. THE CANADIAN PRESS/Jonathan Hayward
B.C.’s COVID-19 indoor dining, drinking ban extending into May

Restaurant association says patio rules to be clarified

B.C. Premier John Horgan speaks at the B.C. legislature. (B.C. government)
Tougher COVID-19 restrictions in B.C., including travel, still ‘on the table’: Horgan

John Horgan says travel restrictions will be discussed Wednesday by the provincial cabinet

Protesters occupied a road leading to Fairy Creek Watershed near Port Renfrew. (Submitted photo)
B.C. First Nation says logging activist interference not welcome at Fairy Creek

Vancouver Island’s Pacheedaht concerned about increasing polarization over forestry activities

Flow Academy is not accepting membership applications from anybody who has received a dose of the vaccine, according to a password-protected membership application form. (Submitted image)
B.C. martial arts gym refusing patrons who have been vaccinated, wear masks

Interior Health has already issued a ticket to Flow Academy for non-compliance with public health orders

Guinevere, lovingly referred to by Jackee Sullivan and her family as Gwenny, is in need of a gynecological surgery. The family is raising money to help offset the cost of the procedure. (Jackee Sullivan/Special to Langley Advance Times)
Langley lizard’s owners raise funds for gynecological surgery

The young reptile is scheduled for operation on Tuesday

Facebook screenshot of the sea lion on Holberg Road. (Greg Clarke Facebook video)
VIDEO: Sea lion randomly spotted on remote B.C. logging road

Greg Clarke was driving home on the Holberg Road April 12, when he saw a large sea lion.

Defence counsel for the accused entered two not guilty pleas by phone to Grand Forks Provincial Court Tuesday, Jan. 12. File photo
B.C. seafood company owner fined $25K for eating receipt, obstructing DFO inspection

Richmond company Tenshi Seafood is facing $75,000 in fines as decided March 4 by a provincial court judge

B.C. Finance Minister Selina Robinson speaks in the B.C. legislature, March 2, 2021. (Hansard TV)
B.C. NDP ministers defend ‘air tax,’ latest COVID-19 business aid

Empty home tax doesn’t apply to businesses, but space above them

In Ontario, COVID-19 vaccine clinics have been set up at local mosques. (Submitted photo: Rufaida Mohammed)
Getting the vaccine does not break your fast, says Muslim COVID-19 task force

Muslim community ‘strongly’ encouraging people to get their shot, whether or not during Ramadan

Most Read