Homeless advocates win court battle against City of Toronto over physical distancing in shelters

City didn't follow original settlement agreement reached May 15, activists argued

Cbc.ca
Oct. 16, 2020

Housing advocates in Toronto have won their lawsuit alleging that the city misled them about physical distancing in its homeless shelter system amid the COVID-19 pandemic.

The coalition of groups argued that the city claimed on June 15 that it had ensured there was physical distancing in its homeless shelters, even though officials knew that the city was not in compliance with a settlement agreement it reached with the groups on May 15.

Those groups -- including Sanctuary Ministries of Toronto, Aboriginal Legal Services, the Advocacy Centre for Tenants Ontario, the Black Legal Action Centre, the Canadian Civil Liberties Association, and the HIV & AIDS Legal Clinic Ontario -- took the city to court in September, arguing that it was in breach of the agreement.

Specifically, the groups argued that the city was continuing to permit the operation of shelter sites with bunk beds less than two metres apart.

The city previously disputed the allegations, saying it had worked tirelessly to follow the rules and has found homes or temporary residences for thousands who use the shelter system.

But on Thursday, the court found that the city was in fact in breach of the settlement agreement reached in May.

While the city argued it had used its "best efforts" to achieve the goals set out in the original agreement, Ontario Superior Court Justice Lorne Sossin disagreed.

"Taken as a whole, the record leads me conclude that the city had not used its 'best efforts' to achieve physical distancing standards in the shelter system by June 15, 2020," Sossin wrote in his decision released Thursday evening.  

"It is not disputed that any failure by the city to take all reasonable steps to meet physical distancing standard in congregate shelter settings heightens an already significant risk of the spread of COVID-19 to some of the most vulnerable members of our society."

Under the new agreement, the city must continue the obligations it agreed to under the original interim agreement, which the include goals related to safety and capacity.

CBC Toronto has reached out to the city for comment. A spokesperson said a statement would be made available later today.