Ontario Court Approves Class Actions Against Care Homes
The Ontario Superior Court of Justice has taken a significant step by certifying seven class actions that will advocate for thousands of individuals connected to long-term care homes in Ontario. These actions primarily involve residents and visitors who contracted COVID-19 during the pandemic.
Allegations of Gross Negligence
The lawsuits contend that the management of these long-term care facilities exhibited gross negligence. Specifically, they failed to adequately prepare for the pandemic and did not implement appropriate measures to safeguard the health of their residents and visitors. The group of certified class actions represents individuals from over 200 long-term care homes associated with various operators, including Chartwell, Extendicare, Responsive Group, Revera, Schlegel Villages, and Sienna Senior Living, along with the City of Toronto.
Tragic Impact of COVID-19
Justice E.M. Morgan articulated in the certification decision that the pandemic led to immense tragedy within Ontario's long-term care homes. A staggering number of over 4,000 residents succumbed to the virus, with nearly half of these deaths occurring during the initial wave of COVID-19. Alarmingly, the judgment highlighted that long-term care homes were responsible for approximately 80% of the COVID-19 fatalities across Canada during that first wave.
Legal Proceedings and Defendants' Stance
The lawsuits aim to hold the involved operators accountable for their alleged gross negligence regarding the adequate preparation and response to the pandemic. Notably, the Court's ruling indicates that the legislation established in 2020, designed to offer businesses immunity from liability related to COVID-19 transmission, does not cover cases of gross negligence, thereby allowing these lawsuits to proceed.
The operators have firmly denied the allegations against them, emphasising that the Court has yet to make a ruling on the actual merits of the class actions.
Exclusions and Future Legal Actions
Although the Court declined to certify two additional proposed class actions against certain municipalities and independently operated homes, it did indicate that plaintiffs could move forward with new standalone actions against those defendants without incurring costs for discontinuing the previous actions. Recently, plaintiffs successfully certified the action against the City of Toronto with consent.
Rights and Options for Affected Individuals
For individuals who are residents, visitors, or family members of those who contracted COVID-19 in the recognized long-term care homes involved in the certified class actions, it is important to understand your rights. If you choose to remain part of the actions, no further actions are necessary at this time. However, if you prefer to withdraw, it is essential to complete and submit an Opt-Out Form through the designated online submission portal.
For those linked to residences not included in the certified class actions yet believe they may have a valid claim, it is crucial to protect your rights promptly. You are encouraged to consult with a lawyer, including Class Counsel, if you wish to pursue an action against the specific operator of the care home.
Contacting Class Counsel
If you would like more information about these ongoing legal actions, the details regarding the specific homes included or excluded, or any related queries, you can reach out to Class Counsel at the following contact numbers:
ROCHON GENOVA: 1-866-881-2292
HIMELFARB PROSZANSKI: 1-855-297-5522
CERISE LATIBEAUDIERE LAW: 416-504-6055
DIAMOND & DIAMOND LAWYERS LLP: 1-800-567-4878
WILL TRIAL LAWYERS: Tel: 905-337-9568
NEINSTEIN LLP: 1-866-271-9764
THOMSON ROGERS: 1-888-223-0448
TYR LLP: 416-477-5525
Frequently Asked Questions
What are the class actions about?
The class actions involve residents and visitors of long-term care homes in Ontario who contracted COVID-19 and accuse operators of gross negligence.
Why were these actions certified?
The Ontario Superior Court concluded there was sufficient merit in the claims to allow for formal class actions to proceed.
What does gross negligence imply in this context?
It suggests that the operators failed to take necessary precautions and actions to protect residents and visitors from COVID-19.
How can someone opt-out of the class actions?
Individuals wishing to opt-out must submit an Opt-Out Form via the designated online portal or through mail by the specified date.
Who can I contact for more information?
For more details, individuals can reach out to the leading law firms involved in the class actions using the provided contact numbers.
