Ontario Court Approves Multiple Class Actions Against Long-Term Care Facilities for COVID-19 Failures

Ontario Court Certifies Class Actions Against Long-Term Care Operators

On September 27, 2025, the Ontario Superior Court of Justice made a significant legal ruling, authorizing seven class action lawsuits aimed at several long-term care (LTC) home operators. This landmark decision comes in the wake of the devastating impact of the COVID-19 pandemic on the residents and visitors of these facilities, revealing stark allegations of gross negligence in their pandemic preparedness and response.

The certified lawsuits encapsulate the experiences of thousands of residents and their families across more than 200 LTC homes owned by major operators, including Chartwell, Extendicare, Responsive Group, Revera, Schlegel Villages, and Sienna Senior Living. The City of Toronto is also named in these proceedings. In the court’s findings, Justice E.M. Morgan underscored the tragic nature of the pandemic's toll on Ontario's long-term care homes, referencing that over 4,000 residents succumbed to the virus, with an alarming percentage of these deaths occurring during the initial wave of COVID-19.

The context of these actions lays bare the failures of the LTC operators in enforcing adequate health and safety measures that could have shielded vulnerable populations from the virus. Between inadequate infection protocols and insufficient staffing issues, the plaintiffs argue that the defendants’ actions, or lack thereof, directly contributed to the catastrophic health crisis within these facilities.

Justice Morgan’s ruling articulates the reality that long-term care homes represented approximately 80% of COVID-19 fatalities in Canada during its first surge, painting an undeniable picture of the dire consequences faced by residents as a result of operators’ negligence.

Another crucial aspect of this ruling involves the provincial government’s legislative shield intended to protect businesses from liability concerning COVID-19 transmission. The court noted that this legislation does not extend to gross negligence, thereby allowing these class actions to proceed against the LTC home operators.

It's important to underscore that while the defendants are contesting these allegations, the court's certification does not imply any judgment on the merits of the claims presented. As the case continues to unfold, the ramifications of this decision signal a potential shift in accountability within the long-term care sector.

Beyond the seven certified class actions, the court declined to authorize two additional class proceedings against specific municipalities and some independently-operated LTC homes. However, plaintiffs retain the ability to file new individual lawsuits effectively confronting those defendants.

For affected residents, visitors, or families of individuals who had contracted COVID-19 within these affected homes, there are vital steps to consider. Those wishing to remain part of the class action do not need to take any immediate actions, while those who prefer to opt out must submit a formal Opt-Out Form by November 27, 2025. The necessary steps and further information regarding these lawsuits can be accessed via the Ontario LTC Homes Class Actions website.

As this legal battle evolves, it highlights the pressing need for systemic reform in how long-term care facilities operate, particularly during public health crises. The outcomes of these lawsuits could not only set important legal precedents but also prompt increased scrutiny and possibly fundamental changes in long-term care policies moving forward.