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ARTICLE · 07 FEBRUARY 2022

Civil Liability And COVID-19

COVID-19 mandates have become increasingly politicized over recent months. The many who descended on Parliament Hill in late January to protest COVID-related government restrictions are one extreme example...

CanadaCoronavirus (COVID-19)

COVID-19 mandates have become increasingly politicized over recent months. The many who descended on Parliament Hill in late January to protest COVID-related government restrictions are one extreme example of the rising dichotomy in Canada. However, what many Canadians may be unaware of is that that their responsibilities under the law are far more expansive than just those prescribed by government mandates.

The neighbour principle

Donoghue v Stevenson, a 1932 decision from the House of Lords, established a legal concept that became known as the "neighbour principle". Simply put, the decision held that you "must not injure your neighbour". This decision laid the foundation for the legal concept of negligence, whereby a person can be held liable for their negligent conduct if that conduct causes injury, loss, or damage to another. Regardless of any government mandate, under current Canadian law a person is required to take reasonable care to avoid acts or

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