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ARTICLE · 24 MAY 2021

Fitness Studio Denied Injunction To Reopen During Pandemic

Gardiner Roberts LLP
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In April 2021, the Province of Ontario declared a second state of emergency related to the COVID-19 pandemic, and issued a province-wide stay-at-home order...

CanadaCoronavirus (COVID-19)
James R.G. Cook
James R.G. Cook
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In April 2021, the Province of Ontario declared a second state of emergency related to the COVID-19 pandemic, and issued a province-wide stay-at-home order, which imposed various stringent measures limiting mobility of individuals, restrictions on indoor and outdoor gatherings and restrictions on travel. For many businesses, this has meant that they have shut their doors, as they cannot meet the Province's health requirements to be open to the public.

Pursuant to the Re-Opening Ontario (a Flexible Response to COVID-19) Act (the "ROA"), which continued various orders issued under the Emergency Management and Civil Protection Act (the "EMCPA"), a facility for indoor or outdoor sports and recreational fitness activities may open if it meets certain criteria. These criteria include that the facility be open solely for the purposes of allowing use of the facility by persons with a statutorily defined disability, who have received a written instruction for physical

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