Cerise Latibeaudiere

The plaintiffs brought eight proposed class actions against various long-term care (LTC) home owners and operators in Ontario, alleging systemic negligence and gross negligence in their response to the COVID-19 pandemic.

The court considered whether the claims met the certification criteria under section 5(1) of the Class Proceedings Act, 1992, particularly in light of the statutory immunity provided by the Supporting Ontario's Recovery Act (SORA).

The court certified six of the actions against the main corporate groups, finding that the pleadings disclosed a viable cause of action in gross negligence and that a class action was the preferable procedure.

However, the court dismissed the certification motions against independently owned homes and municipalities due to the lack of a collective enterprise and missing representative plaintiffs.

This is an appeal management endorsement concerning an appeal and cross-appeal from a class action certification decision.

The underlying action alleges gross negligence by the Government of Ontario regarding COVID-19 deaths and illnesses in long-term care homes.

The Court of Appeal addressed requests for extended factum lengths and oral hearing time.

The judge granted leave for longer factums (50 pages for the main appeal, 30 for the cross-appeal) and scheduled a two-day oral hearing.

The endorsement also provided guidance on the effective use and timely delivery of Oral Hearing Compendiums.

The defendant brought a motion for leave to appeal the order of Belobaba J. dated December 20, 2022, regarding a certification motion.

The Divisional Court granted leave to appeal and noted that the parties could apply to the Court of Appeal to have this appeal heard together with the pending appeal of the dismissal of the balance of the certification motion.

No costs were awarded as costs outlines were not filed.