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ARTICLE · 25 NOVEMBER 2020

Can I Be Sued If I Infect Someone With COVID-19?

As the COVID-19 pandemic stretches on, and the restrictions surrounding self-isolation, quarantine, and physical distancing remain in place, many Manitobans are frustrated by the inability to leave their homes, ...

CanadaCoronavirus (COVID-19)

As the COVID-19 pandemic stretches on, and the restrictions surrounding self-isolation, quarantine, and physical distancing remain in place, many Manitobans are frustrated by the inability to leave their homes, visit with friends, family, and loved ones, and go about their lives as freely as before. The temptation to get back to "normal" in spite of the restrictions is real. So what happens if people stop complying with the restrictions?

Are you liable?

In Canada, a person can be held liable for their negligent conduct where it causes injury, loss, or damage to another that was reasonably foreseeable. The Canadian law in negligence has its roots in a 1932 decision from the House of Lords known as Donoghue v Stevenson where Lord Atkin established what has come to be known as the "neighbour principle." In his decision, Lord Atkin noted that "the rule that you are to love your neighbour becomes in law you must not injure your neighbour." Essentially, this means that a

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