An Ontario judge has ruled that families of nursing home residents who died from COVID-19 in the early stages of the pandemic can sue the province’s minister of long-term care—allowing them to avoid the reach of a 2020 law that bars almost all COVID-related litigation against the provincial government.
In his ruling released on Dec. 20, Ontario Superior Court Justice Edward Belobaba said his decision to “certify” the class action was based on his assessment of the evidence filed by the representative plaintiffs, which alleged that the Ontario government had failed to prevent thousands of COVID-19 deaths at the province’s long term care (LTC) homes, on grounds of “bad faith” and “gross negligence.”
