Laws in two provinces aim to limit individual and corporate
liability for claims arising in the pandemic context. The
enactments will extinguish liability where such an entity has made
an "honest effort" to comply with pandemic health orders
or if it acted with reasonable belief that it was complying with
such orders. The intent is to provide broad protections from
COVID-19 exposure-related lawsuits. Both laws are intended to have
retroactive effect.
Ontario - Bill 218
Under Ontario's Bill 218, claims based "directly or
indirectly" on an individual being potentially infected with
or exposed to COVID-19 are barred if the defendant acted in
accordance with applicable public health guidance and laws, or made
a good faith effort to do so. "Public health guidance" is
defined broadly to encompass any advice, recommendations,
directives and instructions (regardless of the form or manner of
communication) from any level of government, health officials, and
applicable
