Long Term Care Homes – Covid 19
ONTARIO COURT CERTIFIES MULTIPLE CLASS PROCEEDINGS AGAINST LONG-TERM CARE OWNERS AND OPERATORS FOR GROSS NEGLIGENCE
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:
Jon Sloan
[email protected]
(416) 363-1867 x 2990
1-800-462-3864 x 2990
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
Municipal Homes:
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
- 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
- Joseph’s at Fleming
- Joseph’s Villa, Sudbury
- 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
- Patrick’s Home of Ottawa
- Elm Grove Living Centre
- Kensington Village
- Isabel and Arthur Meighen Manor
ONTARIO CLASS ACTION CERTIFIED
Update – January 4, 2023:
On December 20, 2022, Mr. Justice Edward Belobaba of the Ontario Superior Court of Justice certified a class action brought on behalf of residents of long-term care homes in Ontario where devastating COVID-19 outbreaks took thousands of lives and caused untold suffering and grief.
The class action was launched in the summer of 2020 and alleges that Doug Ford’s Ontario government was grossly negligent by failing to prepared for and respond to the pandemic in Ontario’s long-term care homes in a timely and effective manner.
The claim alleges that the government ignored available early information and red flags about the risk of COVID-19 erupting in Ontario’s long-term care homes, many of which were ripe for outbreaks due to longstanding systemic deficiencies. Once the pandemic hit, it is alleged that the government recklessly adopted grossly delayed and inadequate measures which failed to respect the precautionary principle of not awaiting scientific certainty before applying multiple layers of infection prevention and control. The result was the exposure of thousands of residents of these LTC homes to the risk of COVID-19 infection and the resulting catastrophic loss of life.
Joel P. Rochon, co-lead counsel stated: “We welcome Justice Belobaba’s decision. It recognizes the shared tragedy suffered by too many of Ontario’s most vulnerable citizens and the related grief and trauma experienced by their loved ones. Now we look forward to advancing this important case forward, to secure substantive justice for these Class Members.”
For more information, please contact Jon Sloan at 1-866-881-2292 ext. 2990 or by email at [email protected].
Class Action Launched On Behalf Of Residents Of 96 Ontario Long-Term Care Homes
A class action has been launched on behalf of the residents of 96 long-term care homes in Ontario that experienced devastating COVID-19 related outbreaks and their family members and estates.
The proposed action seeks damages from the owners and operators of long-term care homes arising from their alleged negligence, breaches of fiduciary duty and breaches of section 7 of the Canadian Charter of Rights and Freedoms. Sienna Senior Living Inc. and the City of Toronto are named as proposed Representative Defendants. The government of Ontario will be added as a defendant once the 60-day notice period expires.
Innis Ingram, an advocate for long-term care home residents and one of the nine proposed Representative Plaintiffs, said: “This class action seeks accountability from long-term care providers with regards to their mishandling of the COVID-19 pandemic. The inaction and slow response time needlessly cost many lives and has seriously impacted countless more. This suit will hopefully be a catalyst for the change that is overdue in the long-term care system, which has been neglected for decades.”
The Claim alleges that the government of Ontario and the Defendant owners and operators of long-term care homes ignored numerous red flags and failed to adopt timely and reasonable infection prevention and control measures to avoid exposing the elderly to the risk of infection with COVID-19. It also alleges that long-standing deficiencies in Ontario’s long-term care system made these facilities ripe for infectious outbreaks, for which neither the government nor the homes were prepared. It further alleges that the Defendants negligently and recklessly adopted ad hoc and inadequate measures that exposed this elderly population to the risk of infection.
Joel P. Rochon, co-lead counsel in the proposed class action, stated: “This is not a case where it is appropriate to cherry pick certain homes arbitrarily, leaving hundreds, if not thousands, of the most vulnerable members of society unrepresented. The regrettable truth is that the outbreaks at these homes were entirely preventable”.
The action is brought by Rochon Genova LLP, Himelfarb Proszanski and Cerise Latibeaudiere Law Professional Corporation. For more information, please contact Jon Sloan at [email protected] or 416-363-1867 x 299.
A comprehensive list of all long-term care facilities included in the Claim can be found below:
Almonte Country Haven
Altamont Care Community
Anson Place Care Centre
Bethany Lodge
Bradford Valley Care Community
Burton Manor
Camilla Care Community
Carlingview Manor
Chartwell Aurora Long-Term Care Residence
Chartwell Ballycliffe Long-Term Care Residence
Chartwell Gibson Long-Term Care Residence
Chartwell Westbury Long-Term Care Residence
Chartwell White Eagle Long-Term Care Residence
Cooksville Care Centre
Country Village Homes – Woodslee
Craiglee Nursing Home
Cummer Lodge
Downsview Long-Term Care Centre
Dundurn Place Care Centre
Eagle Terrace
Eatonville Care Centre
Élisabeth-Bruyère Residence
Elm Grove Living Centre
Erin Mills Lodge Nursing Home
Extendicare Bayview
Extendicare Brampton
Extendicare Guildwood
Extendicare Laurier Manor
Extendicare Scarborough
Faith Manor Nursing Home
Forest Heights Revera
Garden Court Nursing Home
Greenwood Court
Harold and Grace Baker Centre
Hastings Manor Home for the Aged
Hawthorne Place Care Centre
Hellenic Home – Scarborough
Heron Terrace Long-Term Care Community
Hillsdale Terraces
Humber Valley Terrace
Ina Grafton Gage Home
Isabel and Arthur Meighen Manor
Kensington Village
Kipling Acres
Kristus Darzs Latvian Home
Lakeshore Lodge
MacKenzie Place
Madonna Care Community
Manoir Marochel
Markhaven
Meadow Park (London)
Midland Gardens Care Community
Mon Sheong Home for the Aged
Montfort
Orchard Villa Retirement Community
Owen Hill Care Community
Peel Manor
peopleCare A.R. Goudie Kitchener
Peter D. Clark Centre
Pinecrest (Plantagenet)
Pinecrest Nursing Home (Bobcaygeon)
Providence Healthcare (House of Providence)
ReachView Village
Residence Saint-Louis
River Glen Haven Nursing Home
Royal Rose Place
Seven Oaks
Shelburne Long-Term Care Home
Sherbourne Place
Sheridan Villa
St. Clair O’Connor Community Nursing Home
St. Joseph’s at Fleming
St. Joseph’s Villa, Sudbury
St. Patrick’s Home
Stoneridge Manor
Sun Parlor Home for Senior Citizens
The Jewish Home for the Aged
The Kensington Gardens
The Perley and Rideau Veterans’ Health Centre
The Village of Erin Meadows
The Village of Humber Heights
Trinity Village Care Centre
Ukrainian Canadian Care Centre
Valleyview Residence
View Mount Grace Manor
Villa Colombo Homes for the Aged
Villa Colombo Seniors Centre (Vaughan)
Villa Forum
Villa Leonardo Gambin
Vision Nursing Home
Wellesley Central Place
West Park Health Centre
West Park Long-Term Care Centre
Weston Terrace Care Community
Westside
Woodbridge Vista Care Community
June 1, 2020 –
Rochon Genova LLP together with Himelfarb Proszanski and Cerise Latibeaudiere Law Professional Corporation is currently investigating a potential class action involving several long term care facilities in Ontario with regards to their handling of the Covid 19 outbreak. If you or a loved one has been affected by this issue, please contact Jon Sloan at [email protected] or by calling 1-866-881-2292 for more information.