Coronavirus: Legal Implications of a Global Pandemic

Overview

On March 17, 2020, Premier Doug Ford announced a state of emergency in Ontario, bringing with it a number of possible legal implications for those in non-essential industries. Ontarians have been left in a state of uncertainty, with a growing concern regarding their own personal wellbeing, as well as the status of their livelihoods.

While the closure of non-essential businesses has been a top concern for those who have lost their jobs, those who remain in the workforce have been left potentially exposed to the virus by way of their essential positions. For all of the above reasons and more, COVID-19 brings with it an unfulfillment of contracts, involving employment obligations, rental agreements, and more.

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The ways in which a claim resulting from COVID-19 may occur:

Denial of Business Interruption Insurance

For non-essential businesses, a primary concern is whether their Business Interruption Insurance policy provides some relief in the event of a global pandemic. In some cases, an insurance policy may deny that your coverage includes an event such as COVID-19, if it does not fall into their definition of “physical damage”.

Inclusion of Force Majeure and Contractual Obligations

With the amount of disruption to business operations, contractual obligations have become much more difficult to fulfill. While the inclusion of a force majeure clause may be able to assist you when it comes to COVID-19, it’s also likely to be met with pushback by the opposing party.

Duty of Care for Employers

Employers have a duty of care to take precautions against the spread and/or contraction of COVID-19 in the workplace. If you believe you have fallen ill with COVID-19 as a result of a poorly maintained workplace environment, you may have a claim against your employer.

Employer’s Responsibility in Reopening Businesses

Businesses have an obligation to adopt or adhere to reasonable practices to protect their employees, as well as visitors, patrons, and customers. If COVID-19 is contracted in that business place, the organization itself may be liable.

Issues in Paying and Receiving Commercial Rent

Paying rent has been a top concern for non-essential businesses as their landlords struggle to pay their own expenses. While the government has encouraged landlords and tenants to negotiate, this is not always possible, resulting in the need for legal assistance.

Breach of Contract Resulting From Non Fulfillment of Duties

The shut down of non-essential businesses often means an individual or an organization may still be at fault if they cannot fulfill their duties. Legal assistance may be necessary in order to determine if you’re still liable for the breach of contract, despite COVID-19.

Our Commitment
Individualized Approach
When it comes to your COVID-19 related case, we understand the feeling of uncertainty, doubt, and fear that accompanies such an unprecedented situation. This is why we wish to assure you that when you retain Gosai Law, we are the firm you can rely on throughout the process of resolving your COVID-19 case. While some Toronto-area personal injury firms have been publicly criticized for being “referral machines” , this is simply not the case with Gosai Law. When you work with us you are working directly with us.
Maximum Compensation
Our strategies are curated for each client, with a tested process to ensure maximum compensation. If you are suffering financially and have a claim as a result of COVID-19, we are here to make sure you receive the compensation you deserve.

Our dedicated team will analyze your case from all angles, persistently following up on any new leads and communications to ensure that you are compensated fairly.

Digital Appointments
We would like to reassure you that any appointments or communications we have with you at this time will be virtual.

Our office continues to practice physical distancing, with our office location currently being closed. This has not changed our dedication to our valued clients and their individual cases, as we continue to be an advocate for your case remotely.

Affordable Services
When you work with our team at Gosai Law, your current financial position will not be an issue.

Most of the time, our firm works on a contingency fee - this means that until your case concludes and you are awarded compensation, you don’t pay until we win.

Testimonials

Your claim resulting from COVID-19 may include a range of possible legal issues that require a personalized approach Although this is not an exhaustive list, we may require the following documents:

COVID-19 Topics

Areas of Practice
The specific details of the cases that we handle are unique to each client and the circumstances surrounding each claim. In general, however, our cases fall into general categories that include:
Slip and Fall Accidents
Long-term Disability

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Brampton

8770 The Gore Road, Unit 2 Brampton, ON L6P 0B1

Phone: (905) 595-2225 | (905) 595-2226 (fax)

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