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ARTICLE · 25 OCTOBER 2020

Ontario Introduces COVID-19 Liability Protection For Workers And Businesses

Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
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On October 20, 2020, Ontario introduced Bill 218, Supporting Ontario's Recovery and Municipal Elections Act, 2020 that, if passed, will prevent lawsuits relating to COVID-19 infections...

CanadaCoronavirus (COVID-19)

On October 20, 2020, Ontario introduced Bill 218, Supporting Ontario's Recovery and Municipal Elections Act, 2020 that, if passed, will prevent lawsuits relating to COVID-19 infections or exposure from being brought against businesses and workers that make an honest effort to follow public health guidelines and laws aimed at preventing exposure to COVID-19.

Subsection 2(1) of the proposed legislation provides that no cause of action arises against any person as a direct or indirect result of an individual being or potentially being infected with or exposed to COVID-19 on or after March 17, 2020, as a direct or indirect result of an act or omission of the person if:

  1. At the relevant time, the person acted or made a good faith effort to act in accordance with, (i) public health guidance relating to COVID-19 that applied to the person, and (ii) any federal, provincial or municipal law relating to COVID-19 that applied to the person; and

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