Can a municipality be held liable in negligence for implementing policy decisions?

Ontario, Canada


The following excerpt is from 118143 Ontario Inc. v City of Mississauga, 2015 ONSC 3691 (CanLII):

Generally speaking, local authorities such as municipalities will not be held liable in negligence for implementing policy decisions. However, even though a local authority may have some immunity for making a policy decision, the carrying out of that policy decision may be considered operational in nature and therefore attract liability if by doing so the local authority falls below the standard of care required to discharge the duty of care owed: Kamloops v. Nielsen.

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