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

B.C. homeowners are being urged to take steps to prepare for the possibility of a flood, this includes protecting one’s home by moving equipment and other assets from these areas to higher ground. (J.R. Rardon)
‘Entire province faces risk’: B.C. citizens urged to prepare for above-normal spring flood season

High-streamflow advisory issued for the Cariboo Region and areas including Williams Lake, Quesnel and Prince George

Taylor Parr tosses a pitch against a Prince George team. The 16-year-old pitcher had surgery to fix pain in her ribs this winter, and is back on the mound once again. (Observer file photo)
Quesnel softball player back on the mound after surgery

Taylor Parr was suffering from slipping rib syndrome

Registered Nurse, Teresa Friesen immunizes Dunrovin resident, Richard Brophy. Resident’s at the home were the first in Quesnel to receive COVID-19 vaccines. (Submitted Photo)
COLUMN: Vaccine floodgates should be opened

This editor’s column first appeared in the April 14 edition of the Quesnel Cariboo Observer

Emergency crews respond to a structural fire on Highway 97 between Williams Lake and Quesnel on Friday, April 16. (Photo submitted)
Update: Famous Cariboo carver Ken Sheen’s wood shop destroyed by fire

The shop was located between Williams Lake and Quesnel

The Quesnel RCMP Detachment is one of seven northern police buildings which can now connect directly to Prince George for daily bail hearings. (Observer File Photo)
Bail hearings going virtual in B.C.’s north

A court pilot project will see virtual courtroom cameras set up in seven RCMP detatchments

Vancouver resident Beryl Pye was witness to a “concerning,” spontaneous dance party that spread throughout social groups at Kitsilano Beach on April 16. (Screen grab/Beryl Pye)
VIDEO: Dance party erupts at Vancouver’s Kitsilano Beach to the dismay of onlookers

‘It was a complete disregard for current COVID-19 public health orders,’ says Vancouver resident Beryl Pye

Pall Bearers carrying the coffin of the Duke of Edinburgh, followed by the Prince of Wales, left and Princess Anne, right, into St George’s Chapel for his funeral, at Windsor Castle, in Windsor, England, Saturday April 17, 2021. (Danny Lawson/Pool via AP)
Trudeau announces $200K donation to Duke of Edinburgh award as Prince Philip laid to rest

A tribute to the late prince’s ‘remarkable life and his selfless service,’ the Prime Minister said Saturday

Vancouver-based Doubleview Gold Corp. is developing claims in an area north of Telegraph Creek that occupies an important place in Tahltan oral histories, said Chad Norman Day, president of the Tahltan Central Government. (THE CANADIAN PRESS/HO)
B.C. Indigenous nation opposes mineral exploration in culturally sensitive area

There’s “no way” the Tahltan would ever support a mine there, says Chad Norman Day, president of its central government

Stz’uminus Elder George Harris, Ladysmith Mayor Aaron Stone, and Stz’uminus Chief Roxanne Harris opened the ceremony. (Cole Schisler photo)
Symbolic red dresses rehung along B.C. highway after vandals tore them down

Leaders from Stz’uminus First Nation and the Town of Ladysmith hung new dresses on Sat. April 17

A Western toadlet crosses the centre line of Elk View Road in Chilliwack on Aug. 26, 2010. A tunnel underneath the road has since been installed to help them migrate cross the road. Saturday, April 24 is Save the Frogs Day. (Jenna Hauck/ Progress File)
Unofficial holidays: Here’s what people are celebrating for the week of April 18 to 24

Save the Frogs Day, Love Your Thighs Day and Scream Day are all coming up this week

Local carpenter Tyler Bohn embarked on a quest to create the East Sooke Treehouse, after seeing people build similar structures on a Discovery Channel show. (East Sooke Treehouse Facebook photo)
PHOTOS: B.C. carpenter builds fort inspired by TV’s ‘Treehouse Masters’

The whimsical structure features a wooden walking path, a loft, kitchen – and is now listed on Airbnb

The Attorney General’s Ministry says certain disputes may now be resolved through either a tribunal or the court system, pending its appeal of a B.C. Supreme Court decision that reduced the tribunal’s jurisdiction. (AP Photo/Mark J. Terrill)
Court of Appeal grants partial stay in ruling on B.C. auto injuries

B.C. trial lawyers challenged legislation brought in to cap minor injury awards and move smaller court disputes to the Civil Resolution Tribunal

An Extinction Rebellion Vancouver Island (XRVI) climate change event in 2019 saw a large crowd occupy the Johnson Street bridge. Black Press File Photo
‘In grief for our dying world’: B.C. climate activists embark on 4-day protest

Demonstrators will walk through Vancouver for the first two days before boarding a ferry Sunday morning

A vial of some of the first 500,000 AstraZeneca COVID-19 vaccine doses that Canada secured. THE CANADIAN PRESS/Carlos Osorio
Canada’s 2nd blood clot confirmed in Alberta after AstraZeneca vaccine

The male patient, who is in his 60s, is said to be recovering

Most Read