Can a municipality be held liable for failing to conduct a periodic inspection of a highway?

British Columbia, Canada


The following excerpt is from Just v. R. in Right of B.C., 1985 CanLII 516 (BC SC):

For example, in Barratt v. North Vancouver, supra, it was held that municipality’s method of exercising its power to maintain highways, including the system of inspection for defects or dangers, is a matter of policy or planning to be determined by the municipality itself. The municipality’s decision to establish a scheme of periodic inspection of the highway was a policy decision. Had the municipality been negligent in implementing that policy, it might have been liable for failing to properly carry out its operational function. But since, on the facts, the inspection programme established by the policy decision had been adhered to, the municipality was not liable. That being a policy decision, the court would not inquire into its reasonableness or adequacy.

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