Canada's Top Court Has Sided With A BC Woman Who Injured Her Foot Crossing A Snowbank

A woman from B.C. who injured herself climbing through a snowbank created by a city plow can now have a new trial in an attempt to sue for damages, Canada's top court has ruled.

Taryn Joy Marchi claims the City of Nelson caused a hazard when a plow left a snowbank by the side of a downtown street following a storm in January 2015, according to the official court papers.

The 28-year-old nurse alleges that after parking her car, she seriously injured her leg trying to cross the snow pile to the sidewalk.

However, the City's argument against her claim was that snow clearing decisions are "core policy decisions" as opposed to operational ones. Operational decisions can shield a government from lawsuits.

Initially, a judge dismissed her claim but the B.C. Court of Appeal overturned that decision and ordered a new trial. After an appeal from the City of Nelson, the Supreme Court of Canada agreed on October 21 that this trial may go ahead.

The key decision for the seven judges was the legal distinction between these "core policy decisions" and "operational decisions."

A conclusion of the case on the Supreme Court of Canada documentation said: "On duty of care, we would conclude that the impugned city decision was not a core policy decision and the city therefore owed Ms. Marchi a duty of care. The standard of care and causation assessments require a new trial. We would therefore dismiss the appeal with costs throughout."

This article's cover image was used for illustrative purposes only.