In a claim for damages
for harm caused by the fault of a public body or officer arising out of fault
in the performance or non-performance of a public function, a policy decision
cannot be used to support a finding that the defendant was at fault unless the
decision was so unreasonable that no reasonable public body or officer in the
defendant’s position could have made it.
[Section 5X inserted: No. 58 of 2003 s. 8.]