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27Nov
2020

How are the Courts Approaching the Duty of Care in Negligence Claims Against Local Governments?

Recent decisions indicate that the courts are more reserved in their approach to the question of whether local governments owe a duty of care in cases where claimants have sought to extend municipal negligence liability beyond traditional areas such as building inspection and road maintenance. Additionally, for the first time in over 20 years the Supreme Court of Canada is taking on a municipal negligence case that raises the important question of whether the policy/operational analysis should be retained to determine when municipal decisions are immune from a duty of care. The prospect for significant change in the law of municipal negligence law from these cases will be considered.

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