Court certifies class action alleging negligence at LTC home led to COVID-19 deaths

An Ontario Superior Court judge has certified a class action lawsuit alleging gross negligence at the Downsview Long-Term Care Centre in Toronto led to numerous COVID-19 deaths. The lawsuit, filed by residents, caretakers and visitors, alleges the facility's response to the pandemic was negligent, resulting in at least 1,966 residents contracting COVID-19 and 244 dying from it between late 2020 and early 2023.

Plaintiffs include those affected by the outbreak and their estates, as well as family members. The allegations have not been tested in court, but the defendants, Downsview Long-Term Care Centre Limited and Gem Healthcare Group Limited, plan to defend themselves. The lawsuit asserts that the facility's longstanding deficiencies, such as overcrowding and inadequate infection prevention measures, made it vulnerable to outbreaks.

It also alleges that the facility failed to act swiftly or proactively to implement necessary measures, which were not in line with current knowledge of the virus and its risks to elderly individuals. The judge, Justice Edward Morgan, acknowledged some factual basis for these allegations, stating that a class proceeding is the most suitable way to ensure a fair and efficient resolution, encouraging judicial economy, and promoting behavior modification.