Class Action Against the Ontario Government for Alleged Gross Negligence of Ministers of Long-Term Care During the COVID-19 Pandemic Is Certified

TORONTO, Sept. 27, 2025 /CNW/ — The Supreme Court of Canada has cleared the way for the class action brought against the government of Ontario on behalf of residents of Ontario’s long-term care homes. The class action is based on allegations of gross negligence on the part of various Ministers of Long-Term Care, specifically in relation to their allegedly delayed, arbitrary and piecemeal response to COVID-19 in long-term care (“LTC”) homes, which is alleged to have caused widespread outbreaks and resulted in thousands of infections and deaths.

The case was certified as a class action by the Ontario Superior Court of Justice on December 20, 2022. The Court certified the claims of LTC home residents and their family members. The claims of certain visitors to LTC homes were not certified.

The parties’ appeals of that decision were dismissed by the Court of Appeal for Ontario on February 6, 2024 and the government’s application for leave to appeal to the Supreme Court of Canada was dismissed on September 26, 2024.

The plaintiffs allege that the Ministers of Long-Term Care who were in office during the COVID-19 pandemic were grossly negligent in failing to prepare for and respond to the pandemic in Ontario’s LTC homes. Specifically, they allege that those Ministers ignored early information and red flags about the risk of COVID-19 in Ontario’s LTC homes and that, once the pandemic arrived, they adopted grossly delayed and inadequate measures, which exposed LTC home residents to harm.

The Ontario government denies the allegations and the Court has not yet ruled on the merits of this class action.

Class Members who wish to remain in the class action do not need to take any action at this time, but those who wish to exclude themselves will need to opt out, by delivering an Opt-Out Form before the deadline for doing so. Instructions for opting out and additional information about this class action can be found at the Ontario Government LTC Home Class Action website: www.LTCClassActions.com.

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