Legislative Newsflash: Protection From Liability – COVID-19

The Legislative Newsflash discusses Bill 218, the Supporting Ontario’s Recovery and Municipal Elections Act, 2020 ("SORMEA"), which became law on November 20, 2020, and is retroactive to March 17, 2020. SORMEA provides protection from liability to individuals, corporations, and entities that make a good faith effort to follow federal, provincial, and municipal laws, as well as public health guidelines related to COVID-19. No cause of action arises against a person if they acted in accordance with the relevant public health guidance and laws and their actions do not constitute gross negligence. The legislation does not protect those engaged in gross negligence or when acts occurred during mandatory closures. The protections also do not apply to claims made by employees against employers. The law offers some reassurance to condominium corporations and businesses striving to comply with their legal obligations and public health recommendations related to COVID-19.