Pandemic-era $25M class-action suit against Calgary care home paused as similar cases proceed first

A proposed $25-million class-action lawsuit against a Calgary continuing care home related to its COVID-era operations has been paused as the courts deal with similar trials in Alberta and Ontario that are further along in the process. 

The Mckenzie Towne Continuing Care home is being sued by representative plaintiff Marijke Roberje and others who were residents of McKenzie Towne Centre infected with COVID-19.

In just the first three months of the pandemic, the outbreak at the care home claimed 21 lives, according to the lawsuit which was filed in mid-May 2020. 

Roberje's mother moved into Mackenzie Towne Centre in February 2020. 

Family members were not allowed to visit their loved ones after March 14, 2020, the date of the first outbreak at a continuing care facility in the province. 

Roberje's mother was diagnosed with COVID-19 on March 28 and died on April 4. 

The lawsuit against Revera Inc., which operates the McKenzie Towne Centre, alleges the company was negligent and did not follow proper protocols to prevent an outbreak of COVID-19. 

The defendants deny any negligence and say they were "duly diligent and complied with all federal and provincial health orders and with operational standards."

The defendants also say they are protected by the province's COVID-19 Related Measures Act, which says that if a health services facility acts in good faith in respect to public health guidance and laws related to the pandemic, then it is protected from being sued. 

As part of the lawsuit, Roberge is also challenging the validity of that Act. 

In April, plaintiff lawyers Nicole Keeler and Clint Docken asked Court of King's Bench Justice Michele Hollins to stay the lawsuit pending the outcome of two other cases which were both certified as class action lawsuits last year. 

The lawyers argued "it is unjust to force her to incur the costs of running a parallel proceeding where the determination of the common issues already certified in these other actions will likely be dispositive," according to Hollins' decision. 

The other actions include the Pugliese lawsuit in Ontario, a consolidation of eight class action suits which all seek damages for the deaths and illnesses of people in long-term care homes during the pandemic. 

And, in Alberta, the Brentwood action involves the Brentwood Care Centre with representative plaintiff Kathy Kaiser who "has a very similar story to Ms. Roberge," according to Hollins.