About

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.

The Statement of Claim purports 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 mitigate the risk of exposing their residents to COVID-19. The Claim also alleges that long-standing deficiencies in Ontario’s long-term care system have made these facilities more susceptible to an outbreak of COVID-19. It further alleges that the Defendants were unprepared and negligently adopted careless and inadequate measures that exposed its residents to COVID-19.

Reasons for Decision: March 2024

Judgment of the Court of Appeal

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Updates Related to the Class Action

October 2024:

We are happy to advise that the Ontario government’s application for leave to appeal the LTC certification decision was dismissed.

June 2024:

We write to provide you with a further update beyond the update provided in December.
As you are aware, we have formed a partnership with all the other firms and the other class actions at the judge’s suggestion. The matter was recently transferred to a new certification motion judge. Due to this, we were required to argue the merits of the class action before the new certification motion judge in January.
As a result of the certification motion in January, the Honourable Justice Morgan 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 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.

However, 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.

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

December 2023:

We write to provide you with a further update beyond the update provided in July. As mentioned in our previous updates, we have formed a partnership with all the other firms and the other class actions at the judge’s suggestion. However, the matter was recently transferred to a new certification motion judge. Due to this, we have been required to argue the merits of the class action before the new certification motion judge early next year. We continue to work with our partner firms towards the new certification hearing. The next phase of the certification hearing will be held in January 2024.

July 2023:

We write to provide you with a further update beyond the update provided in March. As mentioned in our previous updates, we have formed a partnership with all the other firms and the other class actions at the judge’s suggestion. However, the matter was recently transferred to a new certification motion judge. Due to this, we have been required to argue the merits of the class action before the new certification motion judge early next year. For your information, a certification hearing is where the court allows us to proceed as a class action. We continue to work with our partner firms towards the new certification hearing. The next phase of the certification hearing will be held in January 2024.

March 2023:

We write to provide you with a further update beyond the update provided in December. As mentioned in our previous updates, we have formed a partnership with all the other firms and the other class actions at the judge’s suggestion. For your information, a certification motion is where the court allows us to proceed as a class action. We continue to work with our partner firms towards a certification motion. Our next certification hearing will be held in April 2023, which is the third phase of the hearing.

December 2022:

We write to provide you with a further update beyond the update provided in August. As mentioned in our previous updates, we have formed a partnership with all the other firms and the other class actions at the judge’s suggestion. We continue to work with our partner firms towards a certification motion, which will be held in April 2023. For your information, a certification motion is where the court allows us to proceed as a class action.

August 2022:

Further to our April update, we write to provide you with a further update. As mentioned in our last update, we have formed a partnership with all the other firms and the other class actions at the judge’s suggestion. We continue to work with our partner firms towards a certification motion, which will be held later this year. For your information, a certification motion is where the court allows us to proceed as a class action.

April 2022:

We write to provide you with a further update to our December update. As mentioned in our last update, we have formed a partnership with all the other firms and the other class actions, at the judge’s suggestion and we are now proceeding to prosecute the class action. We are currently working with our partner firms towards a certification motion. For your information, a certification motion is where the court allows us to proceed as a class action. Our materials are due to be delivered by Friday April 8, 2022. We will provide a further update once defence counsel has provided us with their materials in response, which will take several months.

December 2021:

We write to provide you with a further update to our August update. As mentioned in our last update, we have formed a partnership with all the other firms and the other class actions, at the judge’s suggestion and we are now proceeding to prosecute the class action. We are currently working with our partner firms towards a certification motion. For your information, a certification motion is where the court allows us to proceed as a class action.

August 2021:

We write to provide you with a further update to our June 9th update. As mentioned in our last update, we have formed a partnership with all the other firms and the other class actions, at the judge’s suggestion and we are now proceeding to prosecute the class action. We are currently working with our partner firms towards a certification motion. For your information, a certification motion is where the court allows us to proceed as a class action.