What is the test for determining whether a municipality is liable for failing to properly inspect a building?
British Columbia, Canada
The following excerpt is from Parsons v. City of Richmond et al, 2001 BCSC 1819 (CanLII):
Secondly, it is necessary to consider whether there are any considerations which ought to negate, reduce or limit the scope of the duty: Just, supra. Where the defendant is a municipal government and the alleged negligence is grounded in a failure to inspect, it must be determined whether the failure resulted from a true "policy" decision or one which was merely "operational". The latter may attract tort liability; the former will not. The distinction is explained in detail in Brown v. British Columbia, 1994 CanLII 121 (SCC), [1994] 4 W.W.R. 194 (S.C.C.).
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