6 Ontario LTC providers face class action lawsuits for alleged gross negligence during pandemic

Class action lawsuits against six of Ontario's largest for-profit long-term care (LTC) home providers, claiming gross negligence that led to illnesses and deaths during the COVID-19 pandemic, have been allowed to proceed.

In a ruling last week, the Ontario Superior Court of Justice certified class action suits against Sienna, Revera, Schlegel, Responsive, Extendicare and Chartwell.

The separate class actions were filed on behalf of thousands of clients, family members and visitors, who allege the companies were unprepared to provide care during the pandemic and failed to protect the health of residents and visitors. 

"There were many homes in Ontario that didn't have a problem but these were the worst offenders from our perspective," said Joel Rochon, one of the lead lawyers for the plaintiffs. "We allege that their conduct fell far below any reasonable standard."

At the height of the pandemic in 2020, the quick spread of COVID-19 through LTC homes led the province to ask the military for help staff struggling to provide care. That led to a scathing military report about living conditions in some of those homes.

From March 2020 to April 2022, 4,335 residents died in Ontario's LTC homes, according to a September report from the province's ombudsman. In their core submissions, the plaintiffs' counsel say at least 3,300 of those deaths were in LTC homes owned and operated by the defendants.

In certifying the class actions, the court considered expert opinions, provided by the plaintiffs, that defendants had fallen short of providing reasonable infection control and prevention during the pandemic. The plaintiffs claim the majority of COVID-related resident deaths at LTC homes were preventable.

"Inhibiting the LTC home industry from repeating any mistakes is a significant goal of this class action that would be diluted if individual claims were pursued in its place," wrote Justice E.M. Morgan in the court's decision to allow the class actions to proceed.

Provincial legislation passed in 2020 provides liability protections to businesses from COVID-19 exposure-related lawsuits, but doesn't protect "bad actors" from endangering others willfully or through "gross negligence." 

CBC News has reached out to all six defendants for comment. Four have not yet responded.

A spokesperson for Revera declined to comment as the matter is before the courts, while Chartwell spokesperson Sharon Ranalli said in an email that "the claim that was certified does not have any merit and Chartwell intends to vigorously defend itself."

Two other pending class action suits against independent LTC companies and municipally-owned LTC facilities were also considered, but the court decided not to certify them, citing a lack of representative plaintiffs and cause of action.

That doesn't mean plaintiffs in those proposed class actions don't have valid grievances, says long-term care advocate Vivian Stamatopoulos, a professor and researcher at Ontario Tech University. She says she hopes those grievances can be addressed through other legal avenues. 

Stamatopoulos says she's happy class actions against for-profit LTC homes will go ahead.