The plaintiff sought certification of a class action under section 5(1) of the Class Proceedings Act, 1992, alleging the defendant was grossly negligent in its response to the COVID-19 pandemic at Oakwood Park, a long-term care home.
The classes comprised residents and visitors who contracted COVID-19 and their family members during the period January 25, 2020 to May 5, 2023.
The defendant consented to certification.
The court found all five certification requirements satisfied, including cause of action, identifiable class, common issues supported by expert methodology on causation and damages, preferability of a class proceeding, and adequate representative plaintiffs with a workable litigation plan.
