Marchi v. Nelson (City of), 2020 BCCA 1
| Judge | The Honourable Mr. Justice Willcock; The Honourable Mr. Justice Fitch; The Honourable Mr. Justice Hunte |
| Court | Court of Appeal (British Columbia) |
| Case Date | January 02, 2020 |
| Jurisdiction | British Columbia |
| Citations | 2020 BCCA 1 |
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10 practice notes
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Nelson (City) v. Marchi,
...APPEAL from a judgment of the British Columbia Court of Appeal (Willcock, Fitch and Hunter JJ.A.), 2020 BCCA 1, 32 B.C.L.R. (6th) 213 , 442 D.L.R. (4th) 697 , [2020] 9 W.W.R. 1 , 98 M.P.L.R. (5th) 31 , [2020] B.C.J. No. 1 (QL), 2020 CarswellBC 1 (WL Can.), setting aside a de......
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Lowe v. Sidney (Town of), 2020 BCSC 335
...at 1245; Binette v. Salmon Arm (City), 2017 BCSC 302, aff’d 2018 BCCA 150, at paras. 10–14; Marchi v. Nelson (City of), 2020 BCCA 1 at [24] As a general rule, decisions concerning budgetary allotments for departments are classified as p......
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Legare v Acme (Village),
...became concerned that the parties had not addressed the decision of the British Columbia Court of Appeal in Marchi v Nelson (City of), 2020 BCCA 1 (Marchi), with respect to municipal liability for negligence. The Court opined that the Supreme Court of Canada decision issued on October......
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Municipal Snow Removal Policies And Practices
...20, 2020, the Supreme Court of Canada granted leave to appeal in the case of Nelson (City of) v. Marchi, 2020 BCCA 1. This case will be of interest to municipalities because Court will review the principles of liability of municipalities respecting snow removal and snow removal policies. Af......
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4 cases
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Nelson (City) v. Marchi,
...APPEAL from a judgment of the British Columbia Court of Appeal (Willcock, Fitch and Hunter JJ.A.), 2020 BCCA 1, 32 B.C.L.R. (6th) 213 , 442 D.L.R. (4th) 697 , [2020] 9 W.W.R. 1 , 98 M.P.L.R. (5th) 31 , [2020] B.C.J. No. 1 (QL), 2020 CarswellBC 1 (WL Can.), setting aside a de......
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Lowe v. Sidney (Town of), 2020 BCSC 335
...at 1245; Binette v. Salmon Arm (City), 2017 BCSC 302, aff’d 2018 BCCA 150, at paras. 10–14; Marchi v. Nelson (City of), 2020 BCCA 1 at [24] As a general rule, decisions concerning budgetary allotments for departments are classified as p......
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Legare v Acme (Village),
...became concerned that the parties had not addressed the decision of the British Columbia Court of Appeal in Marchi v Nelson (City of), 2020 BCCA 1 (Marchi), with respect to municipal liability for negligence. The Court opined that the Supreme Court of Canada decision issued on October......
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Saloojee v. Gibsons (Town),
...fact witnesses, not by means of any opinion evidence. I note also the comments in the Court of Appeal’s decision in Marchi (2020 BCCA 1), at para. 22, which, in my view, strongly implies that the evidence should be placed before the Court by witnesses who will testify about fac......
6 firm's commentaries
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Municipal Snow Removal Policies And Practices
...20, 2020, the Supreme Court of Canada granted leave to appeal in the case of Nelson (City of) v. Marchi, 2020 BCCA 1. This case will be of interest to municipalities because Court will review the principles of liability of municipalities respecting snow removal and snow removal policies. Af......
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The Operational-Policy Decision Defence Does Not Apply To Winter Sidewalk Slip And Falls
...Indeed, the Supreme Court of Canada recently granted leave for the municipality to appeal from the decision in Marchi v Nelson, (City of), 2020 BCCA 1, on this very question. In Ontario, however, the Courts have taken the legislature to have expressed a desire that this defence not apply in......
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Supreme Court Of Canada To Consider Dichotomy Between Policy And Operational Decisions In Negligence Claims
...Court of Canada has recently granted leave to appeal the decision of the B.C. Court of Appeal in Marchi v Nelson (City of), 2020 BCCA 1. The key question on appeal is certain acts or omissions on the part of the City of Nelson (the "City") should be considered policy decisions and thus ough......
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Nelson V. Marchi: Separation Of Powers And Core Policy Immunity
...69 SCLR (2d) 41. 4.Marchi SCC at 7. 5.Nelson v Marchi (City of), 2019 BCSC 308 ["Marchi BCSC"] at para 36. 6.Marchi v Nelson (City of), 2020 BCCA 1 ["Marchi BCCA"] at paras 7, 8, 7.City of Nelson v Taryn Joy Marchi, 2020 CanLII 57554 (S CC). 8.Marchi SCC at para 103. 9.Marchi SCC at para......
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