Ontario’s Good Samaritan Act helps to protect individuals from legal liability when assisting others in need. The Act intends to encourage anyone to try to help when they can without fear of being sued.
However, certain criteria must be met. A Good Samaritan must be assisting voluntarily and without reasonable expectation of compensation or reward. He or she must also be providing emergency first aid assistance to a victim that is ill, injured or unconscious as a result of an accident or other emergency.
Under the law, a Good Samaritan cannot be held liable for damages while providing aid – even if his or her conduct was negligent. The only time an individual can be sued is for damages caused by grossly negligent conduct. What is considered gross negligence is determined on a case-by-case basis.
The Act also extends to health care professionals who provide emergency care outside the workplace without access to medical tools and resources. An off-duty physician, for instance, who provides care in an emergency cannot be held liable unless his or her actions are also deemed to be grossly negligent.