Yes, this is a great development. It means that those who have been refused a mask exemption can now pursue legal recourse against the Mask Mandate in the Reopening Ontario Act jurisdiction. This could potentially lead to more people being granted exemptions and greater protection for those who are unable to wear masks due to medical reasons. It also provides an avenue for those who feel their rights have been violated by the Mask Mandate to seek justice.
The new law also provides for punitive damages, which are intended to punish the offender and deter similar behaviour in the future. Punitive damages can be awarded up to $100,000 for an individual and up to $500,000 for a corporation. This is a significant increase from the previous maximum of $25,000.
Stage 1: Exemptions for essential services, including health care, public safety, and critical infrastructure.
Stage 2: Exemptions for essential services, including health care, public safety, critical infrastructure, and other activities necessary to sustain the economy.
Stage 3: Exemptions for essential services, including health care, public safety, critical infrastructure, and other activities necessary to sustain the economy and ensure the well-being of individuals.
- Rules for Areas in Stage 1, O Reg 82/20 (Last updated from the e-Laws site on 2021-01-25)
- Rules for Areas in Stage 2, O Reg 263/20Â (Last updated from the e-Laws site on 2021-01-25)
- Rules for Areas in Stage 3, O Reg 364/20Â (Last updated from the e-Laws site on 2021-01-25)
**The information provided in this article is for informational purposes only and should not be considered financial advice. The exact terms, conditions, and details of any financial product mentioned in this article will depend on the provider. You should always read the product disclosure statement (PDS) or other disclosure document before making any financial decisions.
- The person responsible for a business or organization that is open shall ensure that any person in the indoor area of the premises of the business or organization, or in a vehicle that is operating as part of the business or organization, wears a mask or face covering in a manner that covers their mouth, nose and chin during any period when they are in the indoor area unless the person in the indoor area,
- is a child who is younger than two years of age;
- is attending a school or private school within the meaning of the Education Act that is operated in accordance with a return to school direction issued by the Ministry of Education and approved by the Office of the Chief Medical Officer of Health;
- is attending a child care program at a place that is in compliance with the child care re-opening guidance issued by the Ministry of Education;
- is receiving residential services and supports in a residence listed in the definition of â€œresidential services and supportsâ€ in subsection 4 (2) of the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008;
- is in a correctional institution or in a custody and detention program for young persons in conflict with the law;
- is performing or rehearsing in a film or television production or in a concert, artistic event, theatrical performance or other performance;
- has a medical condition that inhibits their ability to wear a mask or face covering;
- is unable to put on or remove their mask or face covering without the assistance of another person;
- needs to temporarily remove their mask or face covering while in the indoor area,
- to receive services that require the removal of their mask or face covering,
- to engage in an athletic or fitness activity,
- to consume food or drink, or
- as may be necessary for the purposes of health and safety;
- is being accommodated in accordance with the Accessibility for Ontarians with Disabilities Act, 2005;
- is being reasonably accommodated in accordance with the Human Rights Code; or
- performs work for the business or organization, is in an area that is not accessible to members of the public and is able to maintain a physical distance of at least two metres from every other person while in the indoor area.
- Subsection (4) does not apply with respect to premises that are used as a dwelling if the person responsible for the business or organization ensures that persons in the premises who are not entitled to an exception set out in subsection (4) wear a mask or face covering in a manner that covers their mouth, nose and chin in any common areas of the premises in which persons are unable to maintain a physical distance of at least two metres from other persons.
- For greater certainty, it is not necessary for a person to present evidence to the person responsible for a business or place that they are entitled to any of the exceptions set out in subsection (4).
- A person shall wear appropriate personal protective equipment that provides protection of the personâ€™s eyes, nose and mouth if, in the course of providing services, the person,
- is required to come within two metres of another person who is not wearing a mask or face covering in a manner that covers that personâ€™s mouth, nose and chin during any period when that person is in an indoor area; and
- is not separated by plexiglass or some other impermeable barrier from a person described in clause (a).
<embed src=”https://ontario.ca/document/ontario-budget-2020-protect-care-and-restore-ontario/en/pdf” width=”100%” height=”500px” />
We are providing legal advice and representation to the party in question, as well as advocating for their rights. We are also working with other organizations to raise awareness of this issue and to ensure that all parties involved are aware of their rights and obligations under the law. Additionally, we are working with local authorities to ensure that any similar cases are addressed appropriately.
The Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 provides for a right of appeal to the Superior Court of Justice in respect of any decision made by a municipality or local board under the Act. The Superior Court of Justice has jurisdiction to hear appeals from decisions made by municipalities and local boards under the Act. This includes decisions related to the enforcement of mandatory mask bylaws.
If this claimant wishes to pursue legal recourse, they should contact a lawyer who specializes in municipal law and/or human rights law. A lawyer can provide advice on the best course of action and represent them in court if necessary.
I’m not a lawyer, so I can’t give legal advice. However, I can tell you that if you believe you have been wrongfully denied service after 12:01AM EDT, October 3rd 2020, then it is important to seek legal counsel to determine if you have a claim and what the best course of action may be. Depending on the circumstances, it may be possible to pursue a claim in the Superior Court of Ontario for damages up to $10 million. It is also possible to pursue a claim with the Social Justice Tribunal (Human Rights Tribunal) for an award up to approximately $50K.
Stay tuned to The Real Mask Sickness and other Covfefe Bakery sites for updates…