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Litigation

Does Ontario's Good Samaritan Act protect someone who tries to help at an accident scene?

TSL Written by the Treadstone Law team· Updated August 2026

Yes. Ontario's Good Samaritan Act protects a person who voluntarily and without expecting compensation provides emergency first aid or medical assistance at the scene of an accident or other emergency from being sued for damages resulting from that care. The idea is to encourage bystanders, and off-duty professionals who happen to be present, to step in and help without fear of a lawsuit over imperfect but genuinely well-intentioned assistance given in a stressful, fast-moving situation.

This protection is not unlimited, though. It generally does not cover situations where the helper was grossly negligent - meaning a serious, marked departure from what a reasonable person would do, not just an honest mistake - and it does not protect someone who caused the emergency in the first place from also claiming this protection for how they responded afterward. It also generally does not extend to people who are acting within the scope of a paid professional duty to respond, such as an on-duty paramedic performing their job, since the Act is aimed at protecting voluntary bystander assistance rather than substituting for professional standards of care that already apply in that context.

Key takeaways

  • Ontario's Good Samaritan Act protects voluntary, unpaid emergency helpers from liability for ordinary mistakes.
  • Protection does not extend to gross negligence or a serious departure from reasonable care.
  • It does not protect someone who caused the emergency in the first place.
  • It generally does not apply to people acting within a paid professional duty to respond.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone litigation lawyer can help.
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