The plaintiffs sought certification of a class action arising from a COVID-19 outbreak at Roberta Place Long Term Care Centre in Barrie, Ontario, from January 8 to February 18, 2021.
During the outbreak, 129 residents tested positive for COVID-19, resulting in 73 resident deaths (57% of the resident population).
The plaintiffs alleged systemic gross negligence by the defendants in failing to properly plan for and respond to the pandemic and implement adequate infection prevention and control (IPAC) measures.
The court certified the action as a class proceeding with three classes: residents who tested positive, estates of those who died from COVID-19, and eligible family members.
The court found that the plaintiffs met all five certification requirements under the Class Proceedings Act, 1992, including establishing common issues regarding duty of care, standard of care, breach, causation, and punitive damages.
The court rejected certification of aggregate damages as a common issue due to lack of evidence of a workable methodology.
