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Supreme Court of Canada sides with injured woman in snow-clearing squabble

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OTTAWA — A woman will get another chance to sue for damages over a leg injury she suffered while climbing through snow piled by a city’s plow, the Supreme Court of Canada has ruled.

Taryn Joy Marchi alleged the City of Nelson, B.C., created a hazard when it cleared snow from downtown streets after a storm in early January 2015.

The removal effort left snow piles at the edge of the street along the sidewalk early in the morning of Jan. 5.

Late in the afternoon of Jan. 6, Marchi — then a 28-year-old nurse — parked in an angled spot on the street and, wearing running shoes with a good tread, tried to cross a snow pile to get on to the sidewalk.

Her right foot dropped through the snow and she fell forward, seriously injuring her leg.

Marchi contended the city should have left openings in the snowbank to allow safe passage to the sidewalk.

She pointed to the neighbouring municipalities of Castlegar, Rossland and Penticton in arguing there were preferable ways to clear the streets so as to ensure safe access for pedestrians.

However, the trial judge dismissed her case, saying the city was immune from liability because it made legitimate policy decisions about snow clearing based on the availability of personnel and resources.

In any event, the judge concluded, Marchi assumed the risk of crossing the snow pile and was “the author of her own misfortune.”

The B.C. Court of Appeal overturned the decision and ordered a new trial, saying the judge erred in addressing the city’s duty of care and the question of Marchi’s negligence.

The ruling prompted the City of Nelson to seek a hearing in the Supreme Court.

In a written submission to the high court, the city said its actions amount to “a clear example of a core policy decision” that should be immune from liability.

In her filing with the court, Marchi said city employees made a number of operational decisions that fell below the expected standard of care of a municipality — decisions not required by the written policy.

In its 7-0 ruling Thursday, the Supreme Court said a fresh trial should take place because the city has not proved that its decision on how to clear the snow was “a core policy decision” immune from liability.

While there is no suggestion the city made an irrational or “bad faith decision,” the city’s core policy defence fails and it owed Ms. Marchi a duty of care, justices Sheilah Martin and Andromache Karakatsanis wrote on behalf of the court.

“The regular principles of negligence law apply in determining whether the City breached the duty of care and, if so, whether it should be liable for Ms. Marchi’s damages.”

This report by The Canadian Press was first published Oct. 21, 2021.

Jim Bronskill, The Canadian Press

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Alberta

TC Energy shuts down Keystone pipeline system after leak in Nebraska

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CALGARY — TC Energy Corp. says it has shut down its Keystone pipeline after a leak in Nebraska.

The company says it has mobilized people and equipment in response to a confirmed release of oil into a creek, about 32 kilometres south of Steele City, Neb.

TC Energy says an emergency shutdown and response was initiated Wednesday night after a pressure drop in the system was detected.

It says the affected segment of the pipeline has been isolated and booms have been deployed to prevent the leaked oil from moving downstream.

The Keystone pipeline system stretches 4,324 kilometres and helps move Canadian and U.S. crude oil to markets around North America.

TC Energy says the system remains shutdown as its crews respond and work to contain and recover the oil.

This report by The Canadian Press was first published Dec. 8, 2022.

Companies in this story: (TSX:TRP)

The Canadian Press

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Indigenous

Advocate asks AFN chiefs to ensure $40B settlement deal leaves no child behind

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By Stephanie Taylor in Ottawa

A First Nations child welfare advocate on Wednesday implored chiefs to ensure “no child is left behind” in a landmark $40-billion settlement agreement with the federal government.

Cindy Blackstock delivered the message to an Assembly of First Nations gathering in Ottawa, after being invited to take the stage by Cindy Woodhouse, regional chief in Manitoba who helped negotiate the agreement, which had been thrown into question since being rejected by the Canadian Human Rights Tribunal.

The AFN, representing more than 600 First Nations across the country, had asked the tribunal to approve the settlement deal, which would see the government spend $20 billion to compensate families and children for systemic discrimination in the Indigenous child welfare system. It would also spend another $20 billion on making long-term reforms.

Blackstock, the executive director of the First Nations Caring Society who first lodged the complaint at the heart of the issue, raised concerns that the agreement wouldn’t provide $40,000 in compensation to all eligible claimants, which is the amount the tribunal ruled they should get.

“We can make sure that in our First Nations canoe of justice, no child has to see their money go away and no child is left behind in justice,” she said Wednesday.

“We are capable of that.”

Following the tribunal’s decision in October, the federal government filed for a judicial review of some parts of its decision.

Endorsing the settlement agreement loomed as one of the biggest items on the assembly’s agenda, with chiefs being asked to vote on what the organization should do next.

The chiefs had been preparing to vote on conflicting resolutions, with one asking them to support the final settlement agreement, while another sought to see the organization not appeal the tribunal decision and renegotiate the deal.

But on Wednesday, further talks between both sides took place, assisted by former senator and judge Murray Sinclair, who helped the AFN, federal government and lawyers for two related class-action lawsuits reach the $40-billion agreement in the first place, which was formally announced in January.

Chiefs ultimately voted late Wednesday against re-entering negotiations but to instead support compensation for victims outlined in the agreement and “those already legally entitled to the $40,000 plus interest under the Canadian Human Rights Tribunal compensation orders.”

It also included a provision that AFN leaders must regularly return to chiefs to provide it with progress updates and “seek direction” from chiefs on implementing the final agreement.

Many chiefs thanked Blackstock, who was greeted with applause after further agreement was met and said she was honoured to see people come together for children harmed by Ottawa’s discrimination.

“We have had too many apologies, we’ve had too many compensation deals, we’ve had too many kids hurt. And this has got to be it,” she said.

She added more discussion on the long-term reform part of the deal would be presented to chiefs on Thursday.

Earlier in the day, the assembly heard from sisters Melissa Walterson and Karen Osachoff, plaintiffs on the case, about the impact the foster care system had on their lives.

Osachoff said she had been in the child welfare system since she was born and didn’t have a chance to grow up with her sister.

“Had it not been for the ’60s Scoop and the child welfare (system), her and I would have grown up together.”

She said she understands why the tribunal characterizes those like her as “victims,” but told chiefs to instead think of them as survivors.

“I am not a victim and our claimants are not victims.”

This report by The Canadian Press was first published Dec. 7, 2022.

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