In response to growing and prospective litigation arising out of
the COVID-19 pandemic, several jurisdictions have considered
liability protection legislation1. The Ontario
Government is no exception and has recently introduced Bill 218, the Supporting Ontario's
Recovery Act (the “Act” or the
“Bill”).
The Act includes provisions which would limit civil liability
for the transmission and/or contraction of COVID-19 to those who
engage in gross negligence.
The Government has indicated that its reasoning for introducing
the Act is to protect those who have made an honest effort to
follow public health guidelines and laws.2
Proposed Wording
Section 2 of the Act reads, as follows:
