Residents, visitors and some relatives can pursue shared claims over a Toronto long-term care home’s pandemic response after an Ontario court certified a class action.
Justice Edward Morgan certified Graham v. GEM Healthcare Group Limited, 2026 ONSC 6036, against GEM Healthcare Group Limited and Downsview Long-Term Care Centre Limited. The ruling says the defendants agreed to certification.
The proposed class period covers Jan. 25, 2020, through May 5, 2023. Plaintiffs allege that outbreaks during those years were linked to at least 1,966 resident infections and at least 244 deaths. They say overcrowding, inadequate staffing and infection-control practices, and failures to meet regulatory, legal and industry standards left the home exposed to outbreaks.
The certified groups include residents who contracted COVID-19 while living at or receiving care from Downsview, visitors who contracted it there, and family members seeking derivative damages under section 61 of Ontario’s Family Law Act. The resident and visitor groups also cover estates of people who died.
The court may address shared questions about duties owed by the care providers, the standard of care, gross negligence, causation and damages. Morgan said a group proceeding was preferable given the number of potential claimants and the economics of expert evidence. The ruling also cited judicial economy and the possibility of prompting behavior changes. Morgan found enough factual support at this preliminary stage for the action to advance as a class.
Certification resolves whether the case can proceed in that form; it does not establish that either company was negligent or caused the alleged harm. The allegations, including the infection and death totals, remain to be tested in the litigation.
The Canadian Press said the two organizations plan to fight the claims. Morgan also referred to Pugliese v. Chartwell, a 2024 Ontario decision involving COVID-19 claims against long-term care homes.
