Is a complaint-driven maintenance regime a policy decision?
British Columbia, Canada
The following excerpt is from Drader v. Abbotsford (City), 2012 BCSC 873 (CanLII):
The City submits that the decision to set up a complaint-driven maintenance regime was based on budgetary considerations and was therefore a policy decision. The City cites Just v. British Columbia, 1989 CanLII 16 (SCC), [1989] 2 S.C.R. 1228 [Just], for the proposition that a policy decision cannot be subject to a duty of care. The court in Just distinguished between decisions about whether or not to carry out inspections (which would generally be policy decisions), and the actual manner in which inspections were carried out if the policy was to have inspections. Only the latter could attract a duty of care.
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