The McKenzie Towne long term care facility seen in Calgary, Alta., Wednesday, June 3, 2020, amid a worldwide COVID-19 pandemic. THE CANADIAN PRESS/Jeff McIntosh

The McKenzie Towne long term care facility seen in Calgary, Alta., Wednesday, June 3, 2020, amid a worldwide COVID-19 pandemic. THE CANADIAN PRESS/Jeff McIntosh

‘More and more claims:’ Pandemic lawsuits could tie up courts for years

Residents at care homes have been particularly infected with the novel coronavirus

Lawsuits involving seniors homes, airlines, universities and ticket providers affected by COVID-19 could tie up Canadian courts for years, says a litigation lawyer.

Michael Smith, a partner at the Bennett Jones law firm in Toronto, says it has been tracking all proposed class-action claims related to the pandemic.

From the end of March to June 1, the firm recorded 19 such lawsuits across Canada, including eight against long-term care facilities.

“What you find with COVID is the breadth of the sectors it touches,” Smith said in an interview.

“You’re seeing many industry sectors affected simultaneously. We will have COVID-related cases in the courts for many years.”

Residents at care homes have been particularly infected with the novel coronavirus.

The Canadian Armed Forces released a report last month detailing awful conditions at many care homes in Ontario and Quebec where the military has been deployed. Allegations include residents being left in filth and staff failing to isolate those who had tested positive for the virus.

Multiple lawsuits have been filed alleging negligence in dealing with COVID-19 in long-term care.

“We’re going to see more and more claims like that mature as the COVID crisis continues,” says Smith. “It really does have such a human element and the issue can be humanized so easily in our minds.”

Calgary lawyer Clint Docken has filed a lawsuit against Calgary’s McKenzie Towne Long Term Care centre, where 19 residents have so far died from COVID-19.

He says a class action has been filed against all Ontario homes owned by Revera, the company that also runs McKenzie Towne, but he is focusing on just the Calgary location.

“The reason we’ve shied away from that is we’re not sure it was a common experience.”

Docken is also in the early stages of a lawsuit involving the Cargill meat-packing plant at High River, Alta., the site of one of Canada’s worst COVID-19 outbreaks. More than 900 employees tested positive for the virus and two workers died.

Docken was previously involved in class actions against Maple Leaf for a deadly listeriosis outbreak in 2008 and against XL Foods after an E. coli outbreak in 2012 lead to the largest food recall in Canadian history.

“It’s the conditions in the plants. In Maple Leaf it was the sanitary condition in the plant and in XL Foods it was the sanitary condition in the plant,” he said..

“In a sense, (Cargill) is another sanitary condition in a plant lawsuit. These plants are cesspools.”

Michael Hughes, a spokesman for the United Food and Commercial Workers Local 401, which represents workers at Cargill, says leaders have been speaking with lawyers in and outside Alberta about a lawsuit “to try and make whole our members at Cargill who suffered as a result of the outbreak.”

Other COVID-19 lawsuits involve airline travellers refused fare refunds, businesses looking for compensation against insurance companies not paying interruption insurance, and university students who want partial tuition refunds due to a shortened school year.

There’s also a class action against Ticketmaster for its refusal to issue refunds for events that have been postponed or rescheduled due to the pandemic.

The health crisis is and will continue to affect many industries, said Smith.

“I don’t know that we will ever see this again, just because of the pervasiveness of the problem. It really infects everything.”

Bill Graveland, The Canadian Press

CanadaCoronavirus

Just Posted

CELEBRATING INDIGENOUS PEOPLES DAY
Council members and witnesses from the Hupacasath First Nation, left, and Tseshaht First Nation, right, prepare to raise their respective flags in front of Port Alberni City Hall on Monday, June 21, 2021. The flags will permanently fly as part of the city’s reconciliation work. See more coverage from the flag raising ceremony on page A5. (SUSAN QUINN/ Alberni Valley News)
Hupacasath, Tseshaht First Nations flags to fly at Port Alberni City Hall

Addition of permanent Indigenous flags are a response to reconciliation

A coroner’s inquest will be taking place at the Capitol Theatre in Port Alberni for the next week. (ELENA RARDON / ALBERNI VALLEY NEWS)
B.C. teen who died following police custody recalled as ‘friend to many’

Police sent Jocelyn George to hospital after intoxication had gone ‘beyond the realm’ of normal detox

Emergency vehicles are parked outside of the Wintergreen Apartments on Fourth Avenue. (SUSAN QUINN / Alberni Valley News)
Port Alberni RCMP investigate stabbing on Fourth Avenue

Two men were found with ‘significant’ injuries near Wintergreen Apartments

By protesting uninvited in First Nations’ territories, conservationists are acting in a neocolonial or paternalistic manner, says Huu-ay-aht Chief Robert Dennis. Photo by Heather Thomson
A closer look: do Vancouver Island First Nations support the war in the woods?

First Nations/environmentalist old growth alliance uneasy, if it exists at all

FILE – Perry Bellegarde, National Chief of the Assembly of First Nations, takes part in an event on Parliament Hill in Ottawa on Tuesday, July 7, 2020. THE CANADIAN PRESS/Sean Kilpatrick
Indigenous Peoples Day must be a ‘call to action’, says Assembly of First Nations chief

Discovery of children at Kamloops residential school site must lead to change, Perry Bellegarde says

The border crossing into the United States is seen during the COVID-19 pandemic in Lacolle, Que. on February 12, 2021. THE CANADIAN PRESS/Paul Chiasson
VIDEO: Border quarantine to soon lift for fully vaccinated Canadians

Eligible travellers must still take multiple COVID-19 tests

Golden Ears Mountains, captured in May 2021. (Black Press Media files)
2nd year of day passes required for entry into 5 provincial parks launches in B.C.

Pilot program seeks to protect the environment by addressing visitor surges amid the COVID-19 pandemic

Lincoln Mckoen. (YouTube)
Anglican bishop of the central Interior resigns over sexual misconduct allegations

Lincoln Mckoen was elected as a bishop of the Territory of the People region last year

The former Kamloops Indian Residential School on the Tk’emlups te Secwépemc reserve. (Allen Douglas/Kamloops This Week)
Tk’emlups preparing for archaeological work at B.C. residential school site where remains found

The 215 graves are, to the band’s knowledge, undocumented deaths for which it is still collecting records

Fans watch the warm-up before Game 6 between the Toronto Maple Leafs and the Montreal Canadiens in NHL playoff hockey action Saturday, May 29, 2021 in Montreal. Quebec’s easing of COVID-19 restrictions will allow 2,500 fans to attend the game for the first time in fourteen months. THE CANADIAN PRESS/Ryan Remiorz
Two-thirds of Canadians say governments shouldn’t lift all COVID-19 restrictions

Poll reports Canadians who gained pandemic weight say they have gained 16 pounds on average

Paul Bernardo is shown in this courtroom sketch during Ontario court proceedings via video link in Napanee, Ont., on October 5, 2018. Teen killer and serial rapist Paul Bernardo is set for a parole hearing today. The designated dangerous offender, has been eligible for full parole for more than three years. Bernardo’s horrific crimes in the 1980s and early 1990s include for kidnapping, torturing and killing Kristen French and Leslie Mahaffy near St. Catharines, Ont. THE CANADIAN PRESS/Greg Banning
Killer rapist Paul Bernardo faces parole hearing today; victim families opposed

Designated dangerous offender has been eligible for full parole for more than three years.

People look over the damage after a tornado touched down in Mascouche, Que., north of Montreal, Monday, June 21, 2021. Dozens of homes were damaged and one death has been confirmed. THE CANADIAN PRESS/Ryan Remiorz
One dead and extensive damage as tornado hits Mascouche, Que., north of Montreal

Damage reported in several parts of the city, and emergency teams dispatched to sectors hardest hit

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Chilliwack secondary school’s principal is apologizing after a quote equating graduation with the end of slavery in the U.S. was included in the 2020-2021 yearbook. (Screenshot from submitted SnapChat)
B.C. student’s yearbook quote equates grad to end of slavery; principal cites editing error

Black former student ‘disgusted’ as CSS principal apologizes for what is called an editing error

Most Read