Before dealing with liability and causation, I would like to comment on the “Winter Road Patrol” provisions in the Region Performance Standards which require winter road patrols between December 1 and March 31. The purpose of winter road patrols is to inspect roads and facilities on a regular basis and to report unsafe conditions. That the Performance Standards contained in the agreement between the Region and the Town required scheduling of winter patrols from the beginning of December to the end of March is, in my view, not a significant fact in this case. Whether the decision by the Regional Municipality not to require the scheduling of winter patrols on a daily basis after March 31 is the type of governmental policy decision referred to in Brown v. British Columbia (Minister of Transportation and Highways) 1994 CanLII 121 (SCC), [1994] 1 S.C.R. 420 is not an issue which needs to be decided in this case. The evidence is clear that the Regional Municipality did not impose any economic or budgetary restraint on the Town of Milton in the scheduling of employees to monitor road conditions after March 31. In my view, the decision not to schedule employees to monitor the roads was purely an operational decision.
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