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COVID nursing home lawsuit overview:
- Who: The Ontario Superior Court certified a proposed class action lawsuit against the Government of Ontario on behalf of nursing home residents affected by COVID-19.
- Why: Families of nursing home residents accuse Ontario of failing to prevent more than 5,000 nursing home deaths during the early stages of COVID-19.
- Where: The class action lawsuit was filed in the Ontario Superior Court of Justice.
The Ontario Superior Court of Justice certified a proposed class action lawsuit accusing the Government of Ontario of failing to prevent more than 5,000 nursing home deaths during the early stages of the COVID-19 pandemic.
Justice Edward Balobaba certified the class action lawsuit that alleges Ontario was “grossly negligent” in preventing the deaths in the long-term care facilities, National Post reports.
The province reportedly appealed the decision to certify the proposed class action, arguing that the judge made multiple legal errors and that the decision would have ramifications on the principle government immunity.
The lawyer representing the nursing home residents is also working on the certification of a separate proposed class action lawsuit against eight nursing home operator groups, National Post reports.
More than 5,000 nursing home residents in Ontario died during COVID-19 pandemic
Residents in long-term-care facilities disproportionately suffered during the COVID-19 pandemic, with nursing homes in Ontario reportedly recording 5,044 deaths as of last July, when public recording of such data was cut back, National Post reports.
Quebec was the only province in Canada with more COVID-19 related nursing home deaths than Ontario, reporting more than 8,000 in total.
Ontario came under fire after the provincial auditor general and its long-term care COVID-19 commission reportedly determined that the province played a role in the deaths by allegedly neglecting and underfunding the facilities.
The commission also blamed delays in Ontario applying preventative measures when it should have known about the seriousness of the situation due to outbreaks in other areas, National Post reports.
In related news, in December, the Government of Ontario said it would begin notifying more than 360,000 residents who were impacted by a November 2021 data breach of the province’s COVID-19 vaccine management system.
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