Head v. 859530 Ontario Inc., 2025 ONSC 4817
On August 21, 2025, the Ontario Superior Court of Justice certified a class action against Roberta Place Long-Term Care Home (Roberta Place) in Barrie (and parent companies), stemming from a COVID-19 outbreak in early 2021 that led to unprecedented illness and death among residents and staff.
The plaintiffs – residents of Roberta Place, their estates and family members allege that the home failed in its duty of care and infection prevention obligations. They claim Roberta Place did not adequately separate infected and uninfected residents and staff failed to implement effective safety protocols, and left families uninformed during the outbreak, among other acts and omissions. The action, commenced by Oatley Vigmond LLP and Brock Medical Malpractice Law PC, pleads gross negligence at its core.
At certification, Justice Healey considered whether there was some basis in fact for the plaintiffs’ core allegations, including the contested issue of causation. The defendants argued that factors outside their control – such as the virulence of the U.K. variant and the inherent vulnerability of the resident population – were to blame. The defendants also argued that no evidence supported the effectiveness of preventative measures, other than vaccination, in reducing spread.
Robert Durante, for the plaintiffs, argued that causation can be established as a common issue using statistical and epidemiological evidence, invoking a risk-ratio approach to causation consistent with the reasoning in Levac v. James, 2023 ONCA 73. Justice Healey agreed there was some basis in fact for this approach and certified causation as a common issue.
Justice Healey also certified the plaintiffs’ claims for punitive, exemplary and aggravated damages, finding some basis in fact that the defendants’ conduct may have been reprehensible, high-handed or outrageous. Not surprisingly, Justice Healey also found that a class action is the preferable procedure for the plaintiffs in this case as opposed to hundreds of individual actions by family members.
The defendants have filed an appeal of parts of the certification decision, focusing on the issue of causation and the issue of punitive, aggravated and exemplary damages as common issues. The defendants have not appealed the “preferable procedure” aspect of Justice Healey’s decision and therefore the action will move forward as a class action.