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:
- 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