World · North America · 2 hrs ago
Toronto care home COVID-19 lawsuit certified as class action
An Ontario judge has certified a class action over COVID-19 deaths at Downsview Long-Term Care Centre in Toronto.
The lawsuit accuses the home and its owner, Gem Healthcare Group, of gross negligence during the pandemic.
It covers outbreaks from late January 2020 to early May 2023, which the lawsuit says infected at least 1,966 residents and killed at least 244.
The plaintiffs allege that understaffing and weak infection controls left the home vulnerable and that outbreaks could have been prevented.
The judge granted certification with the defendants' consent, but the allegations have not been tested at trial.
Downsview and Gem say they intend to defend themselves, and the class includes affected residents, care recipients, visitors, their estates and family members.
An Ontario Superior Court judge certified a lawsuit alleging negligence at Toronto’s Downsview Long-Term Care Centre as a class action.
The judge granted certification last week with the consent of the defendants, Downsview Long-Term Care Centre Limited and its owner, Gem Healthcare Group Limited.
The lawsuit alleges outbreaks at the home between late January 2020 and early May 2023 led to at least 1,966 residents contracting COVID-19 and at least 244 dying.
The allegations have not been tested at trial, and Downsview and Gem say they intend to defend themselves.
The proposed class includes residents, care recipients and visitors who contracted COVID-19 at the home during that period, their estates and family members.
- Who
- Plaintiffs, including representative plaintiff Billy Powell, are suing Downsview Long-Term Care Centre Limited and its owner, Gem Healthcare Group Limited.
- What
- A lawsuit alleging gross negligence in the home’s pandemic response has been certified as a class action.
- When
- The judge granted certification last week. The alleged outbreaks occurred between late January 2020 and early May 2023.
- Where
- Downsview Long-Term Care Centre in Toronto, Ontario.
- Why
- The lawsuit alleges the defendants’ pandemic response and longstanding deficiencies left the home vulnerable to outbreaks and caused infections and deaths.
Plaintiffs
Downsview and Gem
Alleged negligence
Plaintiffs
The lawsuit alleges gross negligence and says deficiencies including overcrowding and understaffing made the home vulnerable to outbreaks.
Downsview and Gem
The companies have said they intend to defend themselves against the allegations.
Pandemic measures
Plaintiffs
The lawsuit alleges the companies failed to act quickly or proactively and that their measures did not reflect the risks to elderly people.
Downsview and Gem
The companies’ position on the specific allegations is not stated.
Zellora Graham moved to Downsview, according to the statement of claim.
The lawsuit alleges multiple COVID-19 outbreaks occurred at the home.
Powell last visited his mother, about a week before Ontario imposed restrictions on long-term care home visits.
Powell learned of a possible outbreak at Downsview after his wife saw a news article, according to the statement of claim.
Powell was told his mother was suspected of having COVID-19, and he and his siblings agreed she should go to hospital.
Graham died from COVID-19, two days after Powell was told she was not improving.
- Facility
- Downsview Long-Term Care Centre, Toronto
- Defendants
- Downsview Long-Term Care Centre Limited and Gem Healthcare Group Limited
- Alleged infections
- At least 1,966 residents
- Alleged deaths
- At least 244 residents
- Certification
- Granted last week by an Ontario Superior Court judge