Court File and Parties

COURT FILE NO.: CV-16-554196-0000

DATE: 20220526

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: ARTHUR ROSS JONES, deceased, by his Litigation Administrator, LORI-ANNE DEKERVOR, LORI-ANNE DEKERVOR personally, SUSAN LEVECQUE, CHRISTIAN JONES, TOBIN JONES, ANDRE WOLF, LOIC LAMB, TRINITY DEKERVOR, GENEVIEVE DEKERVOR, MARC PHILLIPPE DEKERVOR, a minor, by his Litigation Guardian, LORI-ANNE DEKERVOR and GABRIEL JONES and MAYA JONES, minors, by their Litigation Guardian, CHRISTIAN JONES

Plaintiffs

AND:

REVERA LONG TERM CARE INC. operating as MAIN STREET TERRACE, the NH JANE and JOHN DOES (representing a number of health care professionals and nursing home employees providing care to ARTHUR ROSS JONES during his residency at MAIN STREET TERRACE), TORONTO EAST GENERAL HOSPITAL (now operating as MICHAEL GARRON HOSPITAL), DR. OLEKSA REWA, DR. TAREK DAHCHE, DR. SEBASTIAN KARAVATTATHAYYIL, and the TEGH JANE and JOHN DOES (representing a number of health care professionals and hospital employees providing care to ARTHUR ROSS JONES in TORONTO EAST GENERAL HOSPITAL in May and June 2014)

Defendants

BEFORE: PERELL J.

COUNSEL: Melissa Miller for the Plaintiffs

Elizabeth Bowker and Noah Eklove for the Defendants in thirty-four actions listed in Schedule “A”

S. Wayne Morris for the Defendants in nine actions listed in Schedule “A”

HEARD: May 25, 2022

ENDORSEMENT

[1] This is a motion for case management of 43 negligence actions for personal injuries that allegedly occurred at retirement or long term care homes. The actions are brought against Revera Long Term Care Inc. and associated corporations. The 43 actions are listed in Schedule “A” to this Endorsement.

[2] The plaintiffs are represented by a consortium of (a) Howie, Sacks & Henry LLP, (b) Oakley & Oakley PC, and (c) Diamond & Diamond.

[3] In 34 actions, the defendants are represented by Stieber Berlach LLP.

[4] In nine actions, the defendants are represented by Dutton Brock LLP.

[5] In 2016, pursuant to the Class Proceedings Act, 1992,[^1] the Estate of the late Arthur Ross Jones, by his Litigation Administrator and several of his family members brought a proposed class action against Revera Long Term Care Inc., which operates privately-owned nursing homes across Ontario (Jones et al. v. Revera, CV-16-00554196).

[6] On July 5, 2018, there was a case management conference in the proposed class action, and I made the following endorsement:

This is a proposed class action that the plaintiff proposes to discontinue and replace with individual case managed actions by a group estimated to be between 100 to 200 claimants. The plaintiff shall have until September 4, 2018 to bring a motion in writing to discontinue the proposed class action and the defendants shall have three weeks to deliver any responding material.

[7] The motion for leave to discontinue the class action proceeded on consent, and on September 11, 2018, I made the following Order:

ORDER

THIS MOTION made by the Plaintiffs was read this day at the City of Toronto. ON READING the Amended Notice of Motion, the Affidavit of Neil Oakley sworn May 11 2018, and on the consent of the parties filed:

1. THIS COURT ORDERS that the within action be and the same is hereby discontinued as a class proceeding;

2. THIS COURT ORDERS that the within action may continue as an individual proceeding;

3. THIS COURT ORDERS that the notice to the potential class members is to be given in the form attached to this Order as Schedule “A” and that such notice shall be given within 30 days of the date of this Order, as follows:

a. a copy of the Notice shall be given to every media outlet who ran the story about this action proceeding as a class action;

b. a copy of the Notice may be posted on the class action website of the Nursing Home Action Coalition nursinghomeabuse.ca; and

c. a copy of the Notice may be mailed to individuals who have contacted Oakley & Oakley PC, Howie, Sacks & Henry LLP and Diamond & Diamond about the class action.

4. THIS COURT ORDERS that costs are payable to the Defendants by the Plaintiffs in the amount of $9,000 within 60 days of this Order.

[8] The Jones Action continued as an individual action, and between December 18 and 24, 2018, plaintiffs’ counsel issued 59 individual actions against Revera.

[9] On May 28, 2019, 58 of the 59 Statements of Claim were served on Revera.

[10] On June 14, 2019, Stieber Berlach LLP, served 58 Demands for Particulars.

[11] Between July 7, 2019 and February 5, 2020, Elizabeth Bowker at Stieber Berlach LLP sent requests to Plaintiffs’ Counsel seeking a response to the Demands for Particulars and advising that if particulars were not provided, Revera would be bringing motions to compel answers.

[12] On April 8, 2020, the 59th Statement of Claim (in the “Hanvey Action”) was served on Revera.

[13] On April 29, 2020, Stieber Berlach LLP served a Demand for Particulars in the Hanvey Action.

[14] In the spring of 2020, Revera brought 58 motions to compel answers to the Demand for Particulars and to strike certain paragraphs of the various Statements of Claim. These Motions were scheduled to be heard in May 2020; however, the motions were postponed due to the Covid-19 pandemic.

[15] On February 19, 2021, on consent, Associate Justice Jolley granted Orders amending the Statements of Claim in 36 of the actions.

[16] On April 30, 2021, Plaintiffs’ Counsel advised that 27 of the actions would be discontinued.

[17] On May 7, 2021, Plaintiffs’ Counsel clarified that 25, not 27, actions would be discontinued. However, to date, the plaintiffs have not served Notices of Discontinuance.

[18] On March 25, 2022, Revera served Statements of Defence in 28 actions where Amended Statements of Claim had been issued. These 28 actions are included in the list of 43 actions for which the Plaintiffs sought case management.

[19] There are six actions (Jones - CV-16-554196, Hanvey – CV-18-611563, Strathy – CV-18-611278, Tokar – CV-18-611268, Tolvanen – CV-18-611270 and Tuzi – CV-18-611259) where the Plaintiffs have not yet issued Amended Statements of Claim.

[20] On consent, the parties have agreed that the motion for case management shall be withdrawn without costs, on terms, and without prejudice to another motion for case management.

[21] The terms of the withdrawal order are as follows:

1. The Plaintiffs, on or before May 31, 2022, shall designate seven actions that are being defended by Stieber Berlach LLP.

2. The Plaintiffs, on or before May 31, 2022, shall designate three actions that are being defended by Dutton Brock LLP.

3. In the designated actions, the examinations for discovery shall be scheduled by no later than June 30, 2022.

4. In the designated actions, documentary discovery and examinations for discovery are to be completed by year end.

5. The Plaintiffs shall by no later than August 30, 2022 bring motions in writing before me. The motions shall be for discontinuances of the 25 actions for which the Plaintiffs have given notice of an intent to discontinue. The motion material shall be comprised of: (a) a draft order approved as to form and content; and (b) a clean copy of the order.

6. If the parties cannot agree about the costs of any of the discontinued actions, they may deliver with the motion materials, a Bill of Costs and brief (no more than three pages) written costs submissions.

7. This endorsement shall be filed in the actions listed in Schedule “A”.

[22] Order accordingly.

Perell, J.

Released: May 26, 2022

Schedule “A”

CASE LIST

Note: In the actions marked by an “*”, the defendants are represented by Dutton Brock LLP. In the other actions, the defendants are represented by Stieber Berlach LLP.

1. Ankert et al. v. Revera - CV-18-00611261-0000
2. *Bennett et al. v. Revera – CV-20-00653696-0000
3. Casper et al. v. Revera – CV-18-00611245-0000
4. Casselman et al. v. Revera – CV-18-00611287-0000
5. Chambers et al. v. Revera – CV-18-00611286-0000
6. Charles et al. v. Revera – CV-18-00611291-0000
7. *Clark et al. v. Revera – CV-18-00611262-0000
8. Cook et al. v. Revera – CV-18-00611246-0000
9. Deoni et al. v. Revera – CV-18-00611300-0000
10. Dik et al. v. Revera – CV-18-00611409-0000
11. Flear et al. v. Revera – CV-18-00611297-0000
12. Foley et al. v. Revera – CV-18-00611296-0000
13. Folliott et al. v. Revera – CV-18-00611295-0000
14. Furniss et al. v. Revera – CV-18-00611294-0000
15. *Galbraith et al. v. Revera – CV-20-00643653-0000
16. Gilpin et al. v. Revera – CV-18-00611251-0000
17. Gordaneer et al. v. Revera – CV-18-00611252-0000
18. Hanvey et al. v. Revera – CV-18-00611563-0000
19. *Iozzo et al. v. Revera – CV-21-00662088-0000
20. Jones et al. v. Revera - CV-16-00554196
21. Klettchenko et al. v. Revera – CV-18-00611257-0000
22. Lampman et al. v. Revera – CV-18-00611265-0000
23. *Levesque et al. v. Revera – CV-20-634481-0000
24. Levy et al. v. Revera – CV-18-00611266-0000
25. Lord et al. v. Revera – CV-18-00611267-0000
26. Michaelides et al. v. Revera – CV-18-00611412-0000
27. Modesto et al. v. Revera – CV-18-00611277-0000
28. *Moore et al. v. Revera – CV-20-00654065-0000
29. *Murney et al. v. Revera – CV-19-00626514-0000
30. Orr et al. v. Revera – CV-18-00611279-0000
31. Prien et al. v. Revera – CV-18-00611284-0000
32. *Primeau et al. v. Revera – CV-20-648497-0000
33. Rahman et al. v. Revera – CV-18-00611264-0000
34. Ramsay et al. v. Revera – CV-18-00611235-0000
35. Sherrard et al. v. Revera – CV-18-00611299-0000
36. Strathy et al. v. Revera – CV-18-00611278-0000
37. *Sweeney et al. v. Revera – CV-20-00653680-0000
38. Thompson et al. v. Revera – CV-18-00611249-0000
39. Tokar et al. v. Revera – CV-18-0611268-0000
40. Tolvanen et al. v. Revera – CV-18-00611270-0000
41. Tomori et al. v. Revera – CV-18-00611248-0000
42. Tuzi et al. v. Revera – CV-18-00611259-0000
43. Vassallo et al. v. Revera – CV-18-00611292-0000

[^1]: S.O. 1992, c. 6.