Ontario proposes limiting liability for COVID-related claims

Businesses face wide-ranging issues as the world responds to the COVID‑19 pandemic. Here is the latest guidance from Torys.

The Ontario government has introduced draft legislation (Bill 218, the Supporting Ontario’s Recovery Act) which, if passed, will provide liability protection to individuals, businesses and other organizations that make a “good faith” or “honest” effort to follow public health guidelines against COVID-19 exposure-related lawsuits.

While the exact standard of “good faith” or “honest” efforts is not entirely clear, organizations can take steps to help ensure they benefit from Bill 218’s protections which would apply retroactively to March 17, 2020. Importantly, these protections would not extend to guard employers from COVID-19 exposure-related claims from employees or contractors. For more detail, read our latest guidance on the implications of Bill 218 for businesses and other organizations.

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