Consider this, University Avenue is "hospital row" for Toronto. The new bike lanes will, inevitably, slow traffic. What about someone who was in an ambulance that was delayed and suffered injury because of the delay? Could the City be liable for the damages?
The City knew their decision would slow traffic. The City could easily see that decision would cause delay. The plethora of hospitals with emergency rooms make it obvious that extra delay could cause injury.
Now, maybe the damages are too remote (doubt that) or that the policy choice is a justification (legally possible) but there is an argument -- I just hope no one ever needs make it!
6 comments:
I think your policy choice answer is the trump card.
It may well be -- the legal issue is more complex than for a private citizen -- governments are allowed to make policy choices that cause injury to some if they are for the broader good.
I understood what you meant. In fact, its codified in the Municipal Act as follows:
Policy decisions
450. No proceeding based on negligence in connection with the exercise or non-exercise of a discretionary power or the performance or non-performance of a discretionary function, if the action or inaction results from a policy decision of a municipality or local board made in a good faith exercise of the discretion, shall be commenced against,
(a) a municipality or local board;
(b) a member of a municipal council or of a local board; or
(c) an officer, employee or agent of a municipality or local board. 2001, c. 25, s. 450.
I think this would create a big hurdle and thus likely be a trump card.
I work on University. Most ambulances appear to use the side streets which run parallel to University in order to access their respective emergency rooms. Sick kids uses a street which feeds into University.
You don’t see more ambulances on University then you do on other city streets.
I’m not a fan of putting bike lanes on University, but I doubt an argument they will hinder Emergency Services will stick.
Because it is not true.
wsam
Good points on Municipal Act and the side streets. My sense is the MA applies more to specific cases rather than operational matters but it's a good point. Thanks!!!
You're definitely right about it not applying to operational matters. If there is an operational action or inaction that leads to negligence then the municipality is on the hook. If it is a policy decision, however, there's a big hurdle for a plaintiff that is virtually impossible to over come; certainly impossible in typical situations.
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