Is a decision made by a government authority as a matter of policy exempt from the traditional tort law duty of care?

Ontario, Canada


The following excerpt is from Leroux v. Ontario, 2021 ONSC 2269 (CanLII):

If the decision made by a government authority arises as a matter of policy, the decision is exempt from the traditional tort law duty of care. Whether a decision is ultimately characterized as a policy decision or an operational decision has to be determined based on the nature of the decision and not on the identity of the individuals concerned. It is widely accepted that decisions that concern budgetary allotments for a government department or agency will be classified as a policy decision, and that a policy decision will not be open to challenge on the basis that it has not been made in the bona fide exercise of discretion: see Just v. British Columbia, 1989 CanLII 16, [1989] 2 S.C.R. 1228.

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