ONTARIO COURT CERTIFIES SEVEN CLASS ACTIONS AGAINST LONG-TERM CARE OWNERS AND OPERATORS FOR ALLEGED GROSS NEGLIGENCE

TORONTO, Sept. 27, 2025 /CNW/ - The Ontario Superior Court of Justice has certified seven class actions on behalf of thousands of residents and visitors in Ontario long-term care homes who contracted COVID-19 during the pandemic.   

The lawsuits allege that the operators of these long-term care homes were grossly negligent in terms of their preparation for a pandemic and in failing to take the necessary steps to protect their residents and visitors. The certified class actions include residents of more than 200 long-term care homes owned and managed by Chartwell, Extendicare, Responsive Group, Revera, Schlegel Villages, Sienna Senior Living, and their affiliates, along with the City of Toronto.

In the certification decision, Justice E.M. Morgan noted that "the COVID-19 pandemic was a time of tragedy in Ontario's LTC homes." Over 4,000 residents died, with approximately half of those deaths taking place during the first wave of the pandemic. The decision notes that long-term care homes accounted for "some 80% of Canada's COVID-19 fatalities during the first wave."

The lawsuits seek to hold the defendants accountable for alleged gross negligence in their preparation for and response to the COVID-19 pandemic in their LTC homes. The Court determined that legislation enacted in 2020 by the provincial government to shield businesses from liability for COVID-19 transmission does not apply to gross negligence and does not bar these lawsuits.

The defendants deny these allegations and the Court has not yet ruled on the merits of the class actions.

The Court did not certify two other proposed class proceedings against Ontario municipalities and several independently owned and operated homes, but noted that the Plaintiffs could discontinue those actions without costs, and could commence new standalone actions against those Defendants.  The Plaintiffs have since certified the action against the City of Toronto, on consent.

If you are a resident, visitor or family member of someone who contracted COVID-19 at one of the LTC homes included in the certified class actions, your rights might be affected by these lawsuits. If you wish to remain in one of the actions, you do not need to take any further action at this time, but if you wish to exclude yourself from the lawsuit, you will need to opt out by delivering an Opt-Out Form through the online portal submission on www.LTCClassActions.com or by mail to the Notice Administrator, P.O Box 3355, London, Ontario, Canada (N6A 4K3) by November 27, 2025.  Instructions for opting out can be found at the Ontario LTC Homes Class Action website.

If you are a resident, visitor or family member of someone at one of the LTC homes in the lawsuits that were NOT certified as class actions, and you believe you may have a claim, you must take steps to protect your rights. You can contact a lawyer, including Class Counsel, if you wish to take action against the specific operator of the LTC home that you or your family member resided in or visited.

Additional information about these lawsuits, including which LTC homes are included or excluded can be found at the Ontario LTC Homes Class Actions website: www.LTCClassActions.com. Class Counsel can be reached at their respective contact information provided below:

SOURCE Rochon Genova