Governments saw broad immunity against COVID civil suits, but the class\u002Daction suit could have an impact throughout the country.
Its nursing homes had recorded 5,044 COVID-related deaths by last July, when the province cut back on public reporting of data, exceeded only by Quebec’s 8,000-plus fatalities.pointed to a history of neglect and underfunding of nursing homes as factors. And the commission cited delays in implementing preventive measures when “alarm bells should have been ringing loudly” based on outbreaks in other jurisdictions.
“The outbreaks of COVID-19 in LTC homes were preventable,” his report said. “Had Ontario adopted, mandated and enforced timely, measured, and consistent steps to implement the available and accepted practices, the vast majority of the outbreaks and the deaths that occurred in LTC homes would have been prevented.”First is that such “private law” tort claims — lawsuits alleging that an injury was caused by negligence — are often not allowed against governments.
But government lawyers say in their notice of appeal that that preamble was never meant to set up a “duty of care” for the minister, who in fact has no authority to issue directives to individual nursing homes.
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