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