Allen / McMillan brings appeal to Supreme Court of Canada

On March 25, 2021, Greg Allen, Liam Babbitt and Suzy Flader of Allen / McMillan represented the City of Nelson at the Supreme Court of Canada in Nelson (City) v Marchi, a case which has the potential to redefine governmental liability in Canada. In his submissions, Greg argued that the conduct and decisions of the City were government policy, and are therefore immune from tort liability. Greg also argued that the City had met the standard of care in the circumstances, and the trial judge’s findings were deserving of defence.

At the conclusion of the appeal, the Court reserved its decision. The decision will be released later this year.