Class Action Authorized on the Management of CHSLDs During the First Two Waves of COVID-19: Preliminary List of Targeted CHSLDs and INFORMATION FORM to complete

On January 22, 2024, the Superior Court of Quebec authorized a class action against certain healthcare establishments in the province and against the Attorney General of Quebec, redefining the targeted group as follows:

Any person who resided, at any time between March 13, 2020 and March 20, 2021, in any of the public CHSLDs in Quebec where there was an outbreak of 25% or more COVID-19 cases, as well as their spouse, natural caregiver(s), children and grandchildren, along with the heirs and legal representatives of deceased residents.

To find out if the CHSLD where you or your relative was residing is included in this class action, we refer you to the preliminary list of CHSLDs included in this class action. Please note that this list may be subject to modifications.

In Quebec, if a person’s situation corresponds to the definition of the class action group, this person automatically becomes part of this group. Consequently, there is no “registration” process for a class action.

However, if you believe you are part of the group, it is your own responsibility to remain informed about the evolution of the class action. In the event of an out-of-court settlement or of a favorable judgement, a claims process may be established. It will then be the responsibility of each group member to submit a claim and provide the necessary supporting documents within the specified timeframe.

Relevant information about the class action will be published on our website. All procedures related to the class action will also be filed in the Class Actions Registry of the Superior Court of Quebec. In the event of a settlement or favorable judgment, public notices will be released in newspapers, and all information will also be published on the Ménard, Martin Avocats law firm’s website. These public notices will provide instructions and the deadline for submitting a claim.

The online form allows us to have information about the group members in our internal database. We may use this information to communicate with you if necessary, in the context of the class action, or to obtain certain details. Therefore, filling out the online form does not constitute “registration” for the class action. It will remain your responsibility to stay informed about the progress of the case and to take the necessary steps to submit a claim in a timely manner, if applicable.

First step: Authorization request

Any class action must first obtain authorization from the court.

At this stage, a judge from the Superior Court must assess whether the proposed class action meets the following criteria:

1. The claims of the members raise identical, similar, or related legal or factual issues;
2. The alleged facts appear to justify the sought-after conclusions;
3. The composition of the group makes it difficult or impractical to apply the rules on representative actions or the consolidation of proceedings;
4. The member to whom the status of representative is intended to be assigned is capable of providing adequate representation for the members.

If the Court determines that these criteria are met, it grants authorization to proceed with the class action. In its judgment, the Court specifies the parameters of the class action, including the definition of the group and the common issues to be addressed.

In the context of this class action, this first step was completed on January 22, 2024 (see the judgment rendered on January 22, 2024). The deadline for appealing this judgment expired on February 22, 2024.

Second step : The class action

Once authorized, the class action essentially proceeds like any other legal action, following the usual protocol of the proceeding: preliminary motions, pre-commitment disclosure, out-of-court examination of the group representative, disclosure of commitments made during the out-of-court examination of the group representative, filing of defenses, out-of-court examinations of the defendant’s representatives, disclosure of commitments made during the out-of-court examinations of the defendant’s representatives, disclosure of expert reports for the plaintiff, disclosure of expert reports for the defense, submission of documents, and case management on both sides. An out-of-court settlement or withdrawal can occur at any point during the proceedings.

In the absence of a settlement or withdrawal, once the case is ready for trial, the parties jointly submit a Request for Trial Management Conference, in which they provide a list of their evidence, witnesses, issues to be decided, and the expected duration of the trial. Trial dates are subsequently set by the court.

All these steps can take several years.

Private conventioned and non-conventioned CHSLDs are not covered by this class action.

If you have declined the inheritance of a group member who resided in a CHSLD included in the class action during the specified period, you cannot make a claim as the heir of that individual. However, if your relationship with that person corresponds to the group definition, you are still part of the group in the context of your own personal claim. As a reminder, the group definition is as follows:

Any person who resided, at any time between March 13, 2020 and March 20, 2021, in any of the public CHSLDs in Quebec where there was an outbreak of 25% or more COVID-19 cases, as well as their spouse, natural caregiver(s), children and grandchildren, along with the heirs and legal representatives of deceased residents.