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, Pinta Maguire. 

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.

Update as of June 6, 2023

As a potential class member, we wanted to provide you an update on the Long Term Care (“LTC”) consolidated class actions.

On December 14, 2022, we provided you the timing for the certification hearings which were set to proceed in three phases during January, February and April. We concluded the first two phases of the hearing with Justice Belobaba. Unfortunately, prior to phase 3, we were advised by Justice Belobaba that he was unable to continue due to health issues. Subsequently, we learned that Justice Belobaba passed away.

Since then, all LTC class proceedings have now been transferred to the case management of Justice Morgan. We appeared before Justice Morgan on April 28, 2023, at which time, Justice Morgan indicated that he would hear all matters anew. He directed that certification motions would proceed in two phases:

Phase 1 is tentatively scheduled for the week of January 15, 2024;

Phase 2 is still set to be scheduled as counsel work out their schedules.

We wanted to update you as to this unforeseen delay. As noted previously, after the certification hearings, the Court will determine whether the proceedings will be certified as class actions. It may take a few months for the Court to issue its decision. 

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Update as of December 14, 2022

Cross-examinations of the representative plaintiffs, defendants and experts in the various LTC class actions took place from November 2022 to January 2023.

The certification motion was decided into three phases/hearings. The certification hearings will be held as follows:

Phase 1 certification hearing: Week of January 9, 2023

Phase 2 certification hearing: Week of February 27, 2023

Phase 3 certification hearing: Week of April 10, 2023

After the certification hearings, the Court will determine whether the proceedings will be certified as class actions. It may take a few months for the Court to issue its decision.