Can a Crown Defendant claim policy immunity?

With respect to the question of whether the Crown Defendant is able to claim policy immunity, the plaintiff referred to the following passages from Just v. British Columbia[2]. First, at p. 1242, Cory J. stated: "The duty of care should apply to a public authority unless there is a valid basis for its exclusion. A true policy decision undertaken by a government agency constitutes such a valid basis for exclusion. What constitutes a policy decision may vary infinitely and may be made at different levels although usually at a high level." Second, the plaintiff referred me to page 1243 where Cory J. gave the lighthouse inspection system example of an operational implementational act which would be subject to liability. This example is quoted in paragraph 37 of the reasons in the companion motion released with these reasons.