Long Term Care Homes – Covid 19
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.