Is the City of Vancouver’s policy on sidewalk inspection and maintenance policy reviewed by the courts?
British Columbia, Canada
The following excerpt is from Knodell v. New Westminster (City), et al, 2005 BCSC 1316 (CanLII):
Counsel for the City submits that governmental authorities, including municipalities, are entitled to make policy decisions based upon budgetary factors and that such policy decisions are not reviewable by the courts as long as the policy itself is rational and made bona fide (Just v. British Columbia (1989), 1989 CanLII 16 (SCC), 64 D.L.R. (4th) 689 (S.C.C.), [1989] 2 S.C.R. 1228 [Just] ; Brown v. British Columbia (1994), 1994 CanLII 121 (SCC), 89 B.C.L.R. (2d) 1 (S.C.C.), [1994] 1 S.C.R. 420 [Brown], and Gobin (Guardian of) v. British Columbia (2002), 214 D.L.R. (4th) 328, 2002 BCCA 373 [Gobin]). Counsel submits that the City’s policy with respect to sidewalk inspection and maintenance is just such a policy and that the City is immune from liability as long as it was not negligent in carrying out the policy.
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