ONTARIO COURT CERTIFIES MULTIPLE CLASS PROCEEDINGS AGAINST LONG- TERM CARE OWNERS AND OPERATORS FOR GROSS NEGLIGENCE

March 14, 2024, Articles

Toronto, March 13, 2024 – The Ontario Superior Court of Justice has certified six class actions on behalf of thousands of residents and visitors of Ontario long-term care homes who contracted COVID-19 during the pandemic.

The lawsuits allege that the operators of these long-term care homes were woefully unprepared for a pandemic and failed to take the necessary steps to protect their residents and visitors. In the certification decision, Justice E.M. Morgan noted that “the COVID-19 pandemic was a time of tragedy in Ontario’s LTC homes.” Over 4,000 residents’ lives were lost, with approximately half of those deaths taking place during the first wave of the pandemic. The decision notes that long- term care homes accounted for “some 80% of Canada’s COVID-19 fatalities during the first wave.”

The certified class actions include residents of more than 200 long-term care homes owned and managed by Chartwell Retirement Residences, Extendicare, Responsive Group, Revera, Schlegel Villages, Sienna Senior Living, and their affiliates.

Legislation enacted in 2020 by the provincial government to shield businesses from liability for COVID-19 transmission does not apply to gross negligence. The Court’s decision to greenlight these class actions highlights the gravity of the alleged gross negligence, including corporate LTC operators’ lack of preparedness and failure to take precautionary measures to protect LTC home residents throughout the pandemic.

The Court also noted the profound emotional toll endured by affected families, making a class proceeding the preferred means for seeking justice. It also recognized that “inhibiting the LTC home industry from repeating any mistakes […]” was a significant goal of these class actions.

Moving forward, twenty-three representative plaintiffs will seek justice on behalf of deceased residents, their families, and visitors in Ontario LTC homes who fell ill from COVID-19 and lost their lives during the pandemic. If you have any questions regarding the certification decision, you may contact class counsel.

Michael Reid
Senior Law Clerk
Will Trial Lawyers
mreid@willtriallawyers.ca
905-337-9748

The Court did not certify two other proposed class proceedings against Ontario municipalities and several other independently owned and operated homes but indicated that the Plaintiffs may seek to advance those actions as standalone class actions if representative plaintiffs come forward. If you or your loved one were residents or visitors of one of the homes listed below, you may contact counsel for further information.

LONG TERM CARE HOMES NOT INCLUDED IN THE CERTIFIED ACTIONS

City of Toronto

  • Cummer Lodge
  • Kipling Acres
  • Lakeshore Lodge
  • Seven Oaks
  • Wesburn Manor
  • Fudger House

Regional Municipality of Peel

  • Sheridan Villa
  • Peel Manor

City of Ottawa

  • Peter D. Clark Centre

County of Essex

  • Sun Parlor Home for Senior Citizens

Region of Durham

  • Hillsdale Terraces

Corporation of the County of Hastings

  • Hastings Manor Home for the Aged

Independently Owned Homes:

  • River Glen Haven Nursing Home
  • Downsview Long Term Care Centre
  • Burton Manor
  • Pinecrest (Bobcaygeon)
  • Grace Manor
  • Faith Manor
  • Hellenic Home Scarborough
  • St. Clair O’Connor Community Nursing Home
  • PeopleCare A.R Goudie Kitchener
  • Royal Rose Place
  • Meadow Park (London).
  • Heron Terrace Long-Term Care Community
  • Villa Colombo Seniors Centre (Vaughan).
  • Valleyview Residence
  • Almonte Country Haven
  • Bethany Lodge
  • Élisabeth-Bruyère Residence
  • Residence Saint-Louis
  • The Kensington Gardens
  • Kristus Darzs Latvian Home
  • Markhaven
  • Mon Sheong Home for the Aged
  • Wellesley Central Place
  • Sherbourne Place
  • Garden Court Nursing Home
  • St. Joseph’s at Fleming
  • The Jewish Home for the Aged
  • Greenwood Court
  • Trinity Village Care Centre
  • Ukrainian Canadian Care Centre
  • Providence Healthcare Long-Term Care Home
  • Vision Nursing Home
  • Perley and Rideau Veterans’ Health Centre
  • St. Patrick’s Home of Ottawa
  • Elm Grove Living Centre
  • Kensington Village
  • Isabel and Arthur Meighen Manor
Location

4-1464 Cornwall Rd, Oakville, ON L6G 7W5

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E-mail: contact@willtriallawyers.ca
Phone: 905-337-9568

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