GOVERNMENT LIABILITY

Question 1

Explain Government Liability:

Answer 1

Statute: Proceedings Against the Crown Act
Governments can be sued just like private individuals, but there are limits. Liability may arise from:

Employee/agent actions
Failure to maintain property
Employment-related harm

However, governments are generally not liable for:

• Crown corporations or third-party contractors
  Policy decisions made in good faith (e.g., budget cuts, lawmaking)
  -Judicial rulings

Courts use the Anns Test to determine whether a duty of care exists. If a decision is policy-level, it’s immune; if it’s operational (like failing to salt icy roads), the government can be held liable.