Long Term Care Homes – City of Toronto

The Claims

This action seeks damages from the City of Toronto, as owner and operator of six long-term care homes, arising from their alleged negligence.

Damages are sought for the physical harm, suffering and death of LTC home Residents and certain Visitors, as well as related damages for the loss of care and companionship suffered by Family Class Members.

This action alleges that the vast majority of COVID-19 related deaths and infections in Toronto’s LTC homes could have been prevented if the Defendants had prepared and implemented timely and proper infection prevention and control (“IPAC”) procedures and pandemic plans.

The Class

“Residents”, “Resident Class” and “Resident Class Members” mean all persons who contracted COVID-19 and who were Residents in, or received care at, six of the Defendant’s long-term care (“LTC”) homes, being Cummer Lodge, Fudger House, Kipling Acres, Lakeshore Lodge, Seven Oaks and Wesburn Manor (the “Defendant’s LTC homes”), at any time between January 25, 2020 and May 5, 2023, or, where the person is deceased, the estate of that person;

“Visitors”, “Visitor Class” and “Visitor Class Members” mean all persons who contracted COVID-19 and who entered any of the Defendant’s LTC homes as part of the homes’ volunteer programs or to visit Residents at any time between January 25, 2020 and May 5, 2023, and where the person is deceased, the estate of that person; and

“Family Class” and “Family Class Members” means all persons including, but not limited to, spouses, children, parents, and other relatives who, on account of a personal relationship to any one or more Resident Class Members and Visitor Class Members, have a derivative claim for damages under s. 61 of the Family Law Act, R.S.O. 1990, c. F.3.