Judge certifies Nova Scotia COVID-19 lawsuit as a class action

A Nova Scotia Judge Certifies Class Action Lawsuit Against Northwood in COVID-19 Deaths
A Nova Scotia judge has certified a class action lawsuit against Northwood, a company that was described as at the epicentre of COVID-19 deaths in the province at the height of the pandemic in 2020.
At the Northwood complex in north-end Halifax, 53 people lost their lives to COVID-19, sparking a lawsuit shortly after the tragic events. On Thursday, Nova Scotia Supreme Court Justice Scott Norton certified the lawsuit as a class action.
Kate Boyle, a lawyer from the Halifax-based personal injury law firm Wagner, expressed the significance of this decision for the families of the deceased residents. She mentioned, “I know this is a really difficult time of year for most of those families, and it’s a positive news story right before the holidays, which we’re happy about.”
Wagners initiated the lawsuit on behalf of patients and their families, aiming to bring about a change in behavior rather than seeking monetary compensation for their losses.
Boyle emphasized, “The whole case is about infection protection and control. And we allege that these basic standards were not met, that were known well before COVID even began. So, it’s hopefully going to shine a bright light on Northwood and on the long-term care sector and put some pressure on to make sure that a tragedy like this would never happen again.”
The provincial government was initially named as a respondent alongside Northwood, but Boyle indicated that case law favored pursuing the lawsuit against the company alone.
Erica Surette, the named plaintiff in the lawsuit, is the daughter of Patricia West, a resident of Northwood Centre who succumbed to COVID-19 in April 2020. The plaintiffs presented government reports on infection control and affidavits from Surette and others to support their application for class action status.
In his ruling, Justice Norton highlighted the lower bar required for certification compared to the standards for a trial. Boyle mentioned that unless Northwood appeals the certification ruling, the legal team can begin reaching out to potential plaintiffs. The case would then proceed to the discovery phase involving interviews and document analysis.
While a settlement may be reached during the discovery phase, if the case proceeds to trial, it could be several years before a resolution is reached.