What is the test for tortfeasibility for loss of income as a result of a government policy decision?
Alberta, Canada
The following excerpt is from Neufeld v Mountain View (County), 2014 ABQB 443 (CanLII):
As stated in Kamloops v. Nielsen, 1984 CanLII 21 (SCC), [1984] 2 S.C.R. 2, “Loss caused as a result of policy decisions made by the public authority in the bona fide exercise of discretion will not be compensable”. Further, as stated in Just v. British Columbia, 1989 CanLII 16 (SCC), [1989] 2 S.C.R. 1228: The need for distinguishing between a government policy decision and its operational implementation is thus clear. True policy decisions should be exempt from tortious claims so that governments are not restricted in making decisions based upon social, political or economic factors.
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