Can a decision made by a municipality be reviewed by the standard of reasonableness?
British Columbia, Canada
The following excerpt is from Alberni v. Moyer, 1999 CanLII 5553 (BC SC):
If a decision made by a municipality amounts to a policy decision, that decision cannot be reviewed by private law standard of reasonableness. In Just v. British Columbia (1989), 64 B.C.L.R. (4th) 689, Cory J. speaking on behalf of the majority stated: 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. However, the implementation of those decisions may well be subject to claims in tort. (p.705)
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