Will schools be responsible for COVID-19 outbreaks?

With schools open and many employees being asked to return to work, Canadians are concerned for potential outbreaks within classrooms. Who will be responsible if a child contracts COVID-19?

Toronto insurance lawyer and co-founding partner Sivan Tumarkin at Samfiru Tumarkin LLP joined Chelsea and Shaye on CHED Mornings to answer this question and more.

What They Discussed

• If a student contracts the virus and must go home, is the school responsible? There will likely be legislation implemented to offer some immunity to the school system.
• Will it be possible to prove negligence if schools are following proper guidelines? Under Common Law Principles, negligence would mean the school is not following proper protocol, which must be proven.
• If a parent signs a waiver from the school excusing responsibility, will they be able to pursue legal action if their child becomes ill? It will depend on the circumstances and wording if a waiver will be enforceable.
• If a parent sends a sick child to school, will they be liable? There could potentially be a liability, but this will be difficult to prove.
• Is the government ultimately responsible for potential outbreaks? Governments are not immune to liability if policies are not properly enforced however these are unprecedented circumstances.