What is the scope of the duty of care of a plaintiff who was injured as a result of a government action that was not properly characterized as operational?
British Columbia, Canada
The following excerpt is from Apex Mountain Resort Ltd. v. HMTQ, 2000 BCSC 907 (CanLII):
Justice Molloy referred to the distinction in the cases between the exercise of government discretion on a matter of policy and government action that is properly characterized as operational. In the case of the former, the government action is outside the scope of any private law duty of care. In the case of the latter, there is no exemption from tort liability: Just v. British Columbia, 1989 CanLII 16 (SCC), [1989] 2 S.C.R. 1228, 64 D.L.R. (4th) 689, 41 B.C.L.R. (2d) 350.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for adding plaintiffs to a proposed class action where the named and proposed representative plaintiff has no legitimate cause of action? (British Columbia, Canada)
Can a plaintiff in a personal injury action commence an action against a defendant in the same action against the same defendant? (British Columbia, Canada)
Is there any case law that supports the argument that a plaintiff was injured as a result of an actionable wrong? (British Columbia, Canada)
When will a plaintiff's loss be determined as a result of the actions of Lindt & Spruengli? (British Columbia, Canada)
Can a municipality be liable in damages to a plaintiff who was injured as a result of the failure to repair the highway? (British Columbia, Canada)
What is the burden on a plaintiff to prove that they were injured as a result of their injuries? (British Columbia, Canada)
What is the liability of a defendant who causes a plaintiff to suffer injuries as a result of their actions? (British Columbia, Canada)
What is the burden on a plaintiff to prove that they were injured as a result of negligence? (British Columbia, Canada)
Is a plaintiff entitled to an award for costs of future care for a plaintiff who was injured in a motor vehicle accident? (British Columbia, Canada)
What is the test for determining whether a plaintiff was injured as a result of a motor vehicle accident? (British Columbia, Canada)
