COVID-19 Litigation - SUPPORTING ONTARIO'S RECOVERY ACT, 2020 (the "Act")

My last two articles have been about the CERS program which provides a subsidy to commercial tenants, as well as Bill 229 which is now law, which provides a commercial tenant with protection (until a date to be determined) from eviction and distraint by its landlord for rent default.

In addition to that legislation, on November 20, 2020 Bill 218 received Royal Assent and is now in force¹ and statutorily bars causes of action (subject to certain exceptions discussed below) by a "person" arising from infection by or exposure to COVID-19. This is important to most workers/employers and for the purpose of this article, those in the Real Estate industry be it landlord, property manager, tenant, real estate broker or agent.