Ontario Long-Term Care Homes Hit With $600M Class Action Lawsuit Alleging Negligence

96 Ontario long-term care homes have been targeted in a $600 million class action lawsuit on behalf of its residents alleging negligence, overcrowding, and a lack of attentive care amid the coronavirus pandemic.  

The Ontario long-term care homes class action lawsuit is seeking $600 million in damages from the owners and managers of the care homes due to accusations of negligence, fiduciary duty breaches, and Section seven of the Canadian Charter of Rights and Freedoms breaches. Sienna Senior Living and the city of Toronto are reportedly named as the representative defendants.

The planned Ontario long-term care homes class action lawsuit currently has nine plaintiffs who have launched the Canada class action lawsuit against nearly one hundred Ontario long-term care homes and the City of Toronto. After the expiry of a 60-day notice period, the government of Ontario will reportedly be included as an additional defendant. 

The devastating effects of the coronavirus outbreak have impacted Ontario long-term care homes, creating an environment of negligence and abandonment for the residents, according to recently filed class action lawsuits. The 96 long-term care homes reported in the Ontario long-term care homes class action lawsuit all have similar stories of overcrowded living spaces, a lack of staff members, deficiencies in the quality of care, and the absence of resources that have negatively affected the residents. 

The Ontario long-term care homes class action lawsuit accuses the defendants of disregarding many red flags. The Canada class action lawsuit alleges that the care homes did not put preventative measures in place to reduce the risk of COVID-19 in elderly patients, nor did it address inadequacies that made the facilities more vulnerable for coronavirus outbreaks. The Ontario long-term care homes class action lawsuit accuses both the government and the owners of the 96 long-term care homes of being recklessly negligent.

The $600 million class action lawsuit is seeking $500 million in damages and an additional $100 million in punitive damages.

The Ontario long-term care homes class action lawsuit asserts that: 

• The operators of the Ontario long-term care homes were negligent and exposed residents to a senseless risk of being infected with the coronavirus;
• There has been a breach of the care homes’ fiduciary duties;
• The residents had their rights to life and safety breached under section seven of the Canadian Charter of Rights and Freedoms due to the operators of the care homes not establishing quick and sufficient measures in response to the coronavirus outbreak.

One of the plaintiffs, Innis Ingram, has been an advocate for the residents of care homes during the pandemic. Due to the treatment of his mother and other residents, Innis chained himself to a tree at the Camilla Care Community in a protest over the alleged treatment of residents. Innis reportedly requested to speak to a manager and an inspector, and his actions made headlines over the dispute of treatment in long-term care homes.

Innis claims his 78-year-old mother, who is a resident in the Mississauga, Ontario long-term care home Camilla Care, was not given a bath for six weeks. Innis claims his mother’s meals and medications were given to her late and the quality of her diet became a concern. He reports that his mother was served an uncooked hot dog for lunch one day. Innis claims the treatment of his mother has been “atrocious.”

There have reportedly been 68 deaths at Camilla Care during the coronavirus outbreak. According to recent reports, there have been a total of 1,845 residents and eight staff members in Ontario who have died from the coronavirus. 

Innis has been an advocate for hundreds of families that have asked for his help during the pandemic. The families have reportedly shared heartbreaking stories with him, including loved ones being subject to weight loss, bed sores, and not receiving suitable care. Camilla Care has decided not to comment on the allegations. 

“This class action seeks accountability from long-term care providers with regards to their mishandling of the COVID-19 pandemic. The inaction and slow response time needlessly cost many lives and has seriously impacted countless more. This suit will hopefully be a catalyst for the change that is overdue in the long-term care system, which has been neglected for decades,” reports Innis.

Joel Rochon a lawyer on the Ontario long-term care homes class action lawsuit from Rochon Genova LLP, has stated, “We’re seeing right across the board, across all 96 homes, virtually repeated stories and descriptions of extreme overcrowding…homes that were under-resourced where you had lack of staff…It was truly appalling what went on during COVID and to hear about the deplorable conditions in these homes.”

As of now, the prospective Ontario long-term care homes class action lawsuit includes nine plaintiffs, but that number could grow, according to Joel Rochon.

During the pandemic, there have been several legal issues that have arisen due to the unforeseen circumstances the coronavirus has created. There have been other Canada class action lawsuits filed against long-term care homes for the lack of suitable care during the pandemic. One of the class action lawsuits against Woodbridge Vista Care Community is in response to 19 coronavirus-related deaths.

Do you have a loved one residing in an Ontario long-term care home? Do you feel they have been given adequate care during the pandemic? Tell us your story in the comment section below! 

The lead plaintiffs are represented by lawyers at Rochon Genova LLP, Himelfarb Proszanski, and Cerise Latibeaudiere Law Professional Corporation.

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