A coronavirus is a type of virus that induces disease in birds and mammals, which includes humans. When humans contract a coronavirus, they often experience respiratory tract infections that range from being very mild, to being lethal. The common cold and COVID-19 are both members of the coronavirus family. Unfortunately, the world has yet to discover a vaccine or antiviral medication to prevent the spread of ANY coronavirus infection. When you get the common cold, you often just have to wait it out and manage your symptoms at home – seeking medical attention in emergent situations such as uncontrollable fever or obstructed breathing. Finding a cure for the COVID-19 Coronavirus, or a vaccine for COVID-19, would be a huge breakthrough in medicine, let alone a remedy to the COVID-19 world pandemic.
It is important that people across Ontario are educated in knowing what to do if they have fallen victim to gross negligence, negligence or malpractice during the COVID-19 Coronavirus pandemic. The rights of Canadians still need to be protected and citizens need to have full access to the benefits and supports they are entitled to as a result of such.
Essential Business: Legal Duties During Coronavirus COVID-19
It is important that members of society stay up to date in the proper health and safety measures & protocols mandated by Public Health during this current pandemic. The following entities are responsible for maintaining and implementing anti-viral / decontamination protocols to common areas and public spaces, ensuring that those interacting with such spaces are safe to do so:
- grocery stores, convenience stores, LCBO & The Beer Store, etc.
- banks
- telecommunication and IT service providers (ex. Rogers, Bell)
- maintenance service providers (ex. plumbers, electricians, groundskeepers, security guards)
- transportation service providers (ex. TTC, GO, Taxi and Uber drivers)
- farmers and workers in agriculture and goods production
- construction sites (municipal, provincial and private)
- health care offices (ex. labs, hospitals, private practices)
- municipal, provincial and federal government offices (ex. Service Ontario, Toronto Police Services, Community Services)
- The Humane Society
- representing colleges for frontline health worker (ex. College of Physician and Surgeons of Ontario, The Ontario College of Nurses)
Government Implemented Compliance Requirements During The Coronavirus Pandemic
As per the government of Ontario’s COVID-19 website , essential businesses must follow very specific requirements during this current Coronavirus pandemic:
The person responsible for a place of business that continues to operate shall ensure that the business operates in accordance with all applicable laws, including the Occupational Health and Safety Act and the regulations made under it.
The person responsible for a place of business that continues to operate shall operate the business in compliance with the advice, recommendations and instructions of public health officials, including any advice, recommendations or instructions on physical distancing, cleaning or disinfecting.
Restricting access to businesses and providing alternative methods of sale during the Coronavirus Pandemic
Subject to subsection (2), the person responsible for a place of business that continues to operate and that engages in retail sales to the public, except for pharmacies and businesses that primarily sell food and beverages at retail, shall, to the fullest extent possible, restrict public access to the place of business by providing alternative methods of sale such as curb side pick-up or delivery.
The person responsible for a place of business described in paragraph 15 of Schedule 2 shall restrict public access to the place of business and shall provide all items to the public using an alternative method of sale such as curb side pick-up or delivery, except in exceptional circumstances.
Short Term Rentals
Every person who provides short term rentals in rental accommodations shall ensure that any rentals booked after April 4, 2020 are only provided to individuals who are in need of housing during the emergency period.
Subsection (1) does not apply in respect of hotels, motels and student residences.
Open Houses Prohibited
Every person who is responsible for a business that provides real estate agent services shall ensure that the business does not host, provide or support any open house events.
Coronavirus Lawsuit
There are several scenarios in which one might initiate or be involved in a lawsuit during a Coronavirus epidemic or pandemic:
- car accident resulting in personal injury
- slip and fall or any other type of personal injury on private property (this could include a property you are renting during quarantine, or while you are on the property of an essential business)
- workplace injury ( including workplace discrimination and racism)
- medical malpractice
Also, in the wave of Canada’s Coronavirus COVID-19 pandemic, lawsuits are being inaugurated as a result of gross negligence, negligence, and medical malpractice as a result of contracting COVID-19. Scenarios of such include, but are not limited to:
- landlord and/or roommates actively not following proper quarantine protocols, resulting in you or a loved one contracting COVID-19
- places of essential businesses not following the proper health and safety protocols as per Public Health and any governing body, and/or not keeping up and informed with any adjustments or changes to such health and safety protocols , resulting in you or a loved one contracting COVID-19
- medical staff not practicing proper health and safety protocols, resulting in you or a loved one contracting COVID-19
- if you are a victim of a plane or cruise ship outbreak
- you have suffered personal injury as a result of the quarantine conditions you were mandated to be in
Coronavirus Lawsuit : Receiving a Denied Insurance Claim
In all instances of possible Coronavirus lawsuits, insurance companies such as car insurance, medical insurance, errors and omissions insurance, are involved in the filing of claims as well as the allocation and release of benefits. Unfortunately, insurance companies often act in favour of their own financial wellbeing, wrongfully denying filed claims on a daily basis. This causes further undue stress to those seeking the support during a time of injury or illness, on top of dealing with the socio-economic pitfalls of the Coronavirus pandemic. A disability lawyer and personal injury attorney can help you with a denied insurance claim during this time. We highly suggest you contact one if you are facing any of the following:
Denied Car Insurance Claim
The government of Ontario has already taken note that this may be an advantageous time for car insurance companies to gauge clients. You can read more here about current measures TSF Law is taking to protect our clients.
Personal Injury & Denied Personal Injury Claim
If you have endured an injury such as a slip and fall, have been hit by a car in a parking lot, etc., it is very important you contact a personal injury lawyer. Navigating the personal injury insurance claims process can be taxing, for insurance companies intentionally make it an exhausting process to pursue you to drop all claim efforts. An experienced lawyer with an in-depth knowledge of insurance law can assume all responsibilities pertaining to filing and obtaining full benefits for your claim. Click here to learn more about how TSF Law can help you with filing a personal injury claim, as well as how to handle a denied personal injury claim.
It is important to note that on March 27, 2020, the Chief Justice of Ontario maintained that the courts will be utilizing video conferencing services across the province. This will allow personal injury claims to continue being filed, and TSF Law will be able to maneuver client claims to terms of resolution through the courts.
That being said, there most likely will be some delays encountered as the legal systems adjust to the climate of the times. Obtaining documents needed for personal injury claims may take longer than usual; especially if they are medical documents or required witness accounts. That being said, TSF Law has the contacts and resources to hasten this process as much as possible – in full pursuit of immediate benefits and finanacial support for our client’s.
Denied Long Term Disability Claim
If you have filed a long term disability claim, either through group benefits provided through your employer, or through private insurance click here. If you are thinking about appealing a denied long term disability claim during the coronavirus COVID-19 pandemic, click here.
Denied Health Insurance Claim
Receiving a denied health insurance claim during this pandemic can be a jarring reality to face. Do not fret; contact a disability lawyer immediately. Read more here about what to do when you receive a denied health insurance claim during the coronavirus COVID-19 pandemic.
Denied CPP Disability Claim During The Coronavirus
It can be particularly troubling to face a denied CPP disability claim during this Coronavirus. Receiving a denied CPP claim will make question what your next steps are, and how can you can obtain full social and financial security after receiving a denied claim? Click here to get all your answer regarding what to do when you receive a denied CPP disability claim during the coronavirus pandemic.
