Can a municipality be held liable for non-feasance for failing to enforce a traffic stop order?

Ontario, Canada


The following excerpt is from Taylor v. Canada (Health), 2007 CanLII 36645 (ON SC):

Similarly, in City of Kamloops v. Nielsen, 1984 CanLII 21 (SCC), [1984] 2 S.C.R. 2, where the City had not taken steps to enforce a stop order it had issued, Wilson J. stated: I do not think the appellant can take any comfort from the distinction between non-feasance and misfeasance where there is a duty to act or, at the very least, to make a conscious decision not to act on policy grounds. In my view, inaction for no reason or inaction for an improper reason cannot be a policy decision taken in the bona fide exercise of discretion. (at page 24)

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