The appellant was severely injured and his daughter killed when a boulder fell onto their car on a provincial highway.
He sued the province for negligent highway maintenance.
The trial judge and Court of Appeal dismissed the action, finding the province's system of rock slope inspections was a policy decision immune from tort liability.
The Supreme Court of Canada allowed the appeal, holding that the province owed a duty of care to highway users and that the manner and frequency of inspections were operational decisions, not true policy decisions.
A new trial was ordered to determine if the province met the requisite standard of care.
