Emergency Preparedness

March 20, 2026 Published by Toronto and Area Chapter - By J. Robert Gardiner

How to Save Residents’ Lives

From the Winter/Spring 2026 issue of CCI Toronto Condovoice Magazine.

So, what if you could save someone’s life, while sitting at a boardroom table? What if a resident had a heart attack in Suite 1806, but no one came to save him?

“Yeah, but Bob, get real – our manager’s never here and our super won’t even take out the garbage.”

Well, what if some residents in the building could volunteer as Initial Responders until EMS arrives?

“Yeah, but Bob, get real – nobody wants to go to jail for killing somebody in an emergency.”

Well, what if the corporation could guarantee that an Initial Responder would be protected from any liability and could be shown basic aid techniques to keep the resident alive until EMS arrives on the scene?

Good Samaritan Act

Well, Ontario’s Good Samaritan Act protects an untrained volunteer who attempts to save a victim in an emergency. Even if, by mistake, they negligently injure the victim or cause the victim's death, any such volunteer will not be held liable, even if they don’t have CPR, First Aid or other medical credentials.

Only in a rare, exceptionally-unusual case could a victim remotely be able to convince a judge that the volunteer was so reckless as to be grossly negligent or had willfully intended to cause unnecessary harm – but there is no precedent case in Ontario proving such gross negligence. Even then, your corporation can provide three additional layers of protection to a designated Initial Responder against a claim of liability.

Corporation Protected

The condo corporation would be protected by establishing an Emergency Response Rule, which demonstrates it exercised due diligence to protect the safety, security and welfare of residents, as authorized by s. 58 of the Condo Act. The corporation is not obligated to enable an Initial Emergency Aid Response system, but is entitled to do so, and can establish optional discretions whether or not, and how to implement emergency responses.

Indemnification & Insurance Protections

The key to protect Initial Responders is for the board to designate them as officers of the corporation. Section 39 of the Condo Act allows a condominium to establish an indemnification provision (such as already exists in your corporation’s General By-laws) protecting directors and officers from having to bear any litigated monetary damages, loss, expenses or any legal costs – even if they were negligent. Moreover, s. 38 of the Condo Act requires a condo to obtain Directors’ & Officers’ Errors & Omissions insurance against claims of negligence (except when such an insurance policy is not available). Both of those corporate reassurances would protect an Initial Responder who had been appointed as an officer of the corporation by a Board Resolution, upon written notice given to the insurer. The Indemnification provision and E&O insurance are each subject to a “duty of honesty and good faith” – but the concept of honesty and good faith only applies in a scenario where the officer has acted dishonestly and contrary to the best interests of the corporation – a concept which has only seldomly become applicable at a condominium, and which would not be applicable in such an emergency response scenario (unless the Initial Responder willfully intended to do harm).

Lawyer’s Opinion

Furthermore, the corporation’s lawyer can provide reassurance to the corporation, its directors and officers by providing a protective written legal opinion, as specifically authorized by s. 37 (3) of the Act, which confirms indemnification of each director and officer (including any designated Initial Responder Officer) from liability for breach of:

(a) their duty to act honesty and in good faith’; and

(b) their duty to exercise the care, diligence and skill of a reasonably prudent person in the circumstances.

THE EMERGENCY RESPONSE PACKAGE

Emergency Response Rule

The board can pass an Emergency Aid Response Rule to designate certain resident volunteers as Initial Responder Officers authorized to provide emergency aid to an imperiled person on the property in their discretion, The Rule can also protect all directors from the exercise of any of their various emergency response discretions. The Rule can contain various concepts and would specifically refer to a Regulation establishing the detailed criteria implementing the Rule’s concepts. The Rule can be passed as a Board Resolution effective 30 days after sending a s. 58 Rule Notice to the owners (if no requisition occurs). Such a Rule would be valid and enforceable, and also reasonable and consistent with the Act and the corporation’s Declaration and By-laws. The Rule will educate and reassure residents about the availability of emergency response assistance. This beneficial safety enhancement should be well-received and can be promoted to increase the value of the units. The Rule conveys the sense of a caring community.

Emergency Aid Regulation

The Emergency Aid Regulation can refer to various detailed criteria applicable in a range of circumstances. Such a Regulation will be valid and enforceable because it is intended to be entirely consistent to uphold the purposes of the Rule. Even if an Initial Responder lacks CPR or First Aid training, a basic list of initial emergency responses could be attached as a Schedule, suggesting best procedures to be undertaken. For example, GMA’s Schedule lists 20 Emergency Aid Response Procedures.

Board Resolution

The board’s Resolution would adopt the Emergency Aid Response Rule and the Emergency Aid Regulation. The Resolution should specifically designate each named Initial Responder as an officer and provide for each of their indemnification protections.

Communications

The manager should share with all staff and Initial Responders, a copy of the Emergency Response Package and the contact particulars for each Initial Responder (including any of their CPR or First Aid credentials). The building’s communication system can advise residents how to obtain emergency assistance from an Initial Responder and can provide other advice to residents how to prepare for a health emergency event.

CPR & First Aid Training

The board could decide to budget funding for one or more Initial Responders to be certified every two years, by attending a CPR or First Aid course provided by Red Cross or St. John’s Ambulance at a cost ranging from $70 to $130 per attendee, or $225 if paired with a First Aid course. Group sessions can be arranged on-site.

Emergency Response Equipment

Ideally, your condo would have a good quality medical aid kit, flashlight, defibrillator (and its manual) and other emergency response equipment at a handy location, immediately available to any staff or Initial Responders.

AUTOMATIC EXTERNAL DEFIBRILLATOR

What Does An AED Do?

An Automatic External Defibrillator (“AED”) can allow anyone to solve a sudden heart attack, because it is a compact, inexpensive device which is simple to use, with clear instructions right on the device. It recognizes the presence or absence of ventricular fibrillation (being unsynchronized, chaotic heart contractions). It also recognizes ventricular tachycardia (where the heart beats over 100 beats per minute). It determines whether defibrillation should be performed and it automatically delivers its impulse to an individual’s heart as medically required. An AED is the best shot to resuscitate a sudden heart attack, especially if applied within 10 minutes.

Legal Protections

A person using a defibrillator has the statutory protections of both the The Defibrillator Registration and Public Access Act, as well as the Good Samaritan Act. The additional protections under the corporation’s Directors’ and Officers’ Errors & Omissions Insurance, the corporation’s By-law Indemnification provision and the lawyer’s opinion letter are additional protections that also apply as the usual protections for a volunteer rendering emergency assistance. Ideally, the Rule or Regulation would refer to the defibrillator.

AED Availability

Install the AED with its manual in a readily accessible location. Simply train Initial Responders. Inform residents the AED is available. Document and record maintenance of the AED in accordance with manufacturer’s instructions and conduct annual test runs for Initial Responders.

Cost?

The corporation or any resident can obtain an AED from Canadian Tire, the AED Shop or the Canadian Red Cross E-Shop at prices ranging from $1,300 to $2,650. Acquisition of an AED is authorized by ss. 17, 18 and 17 of the Condo Act, which allow the option for (but do not require) the board to purchase and manage such a life-saving asset.

In other words: get a Defibrillator to protect your residents.

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J. Robert Gardiner, B.A., LL.B., ACCI, FCCI, Senior Partner, Gardiner Miller Arnold LLP