This translation has been automatically generated and has not been verified for accuracy.Funeral home workers remove a body from the Centre d'hebergement Ste-Dorothee, Monday April 13, 2020 in Laval, Que. As the deadly toll of COVID-19 on Canada's nursing homes gives rise to a growing number of proposed class-action lawsuits, some legal experts say the cases will turn on what's considered reasonable care during a pandemic.
The novel coronavirus has ravaged private and government-run seniors’ homes, particularly in Canada’s two largest provinces, causing a large proportion of the country’s more than 3,000 deaths. In Quebec, the son of a 94-year-old woman who died of COVID-19 at one of the province’s hardest-hit facilities has filed a class-action application against the government-run CHSLD Ste-Dorothée.A Toronto law firm, meanwhile, has served the provincial government with notice of a proposed class proceeding on behalf of all Ontarians in long-term care homes.
None of the cases have been certified as class actions so far and their claims have not been tested in court. It may also be challenging to demonstrate that the care given fell below established standards, particularly when suing governments, since they are measured against the standards they created, Mr. Stanley said.
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