Multi-million dollar lawsuit against Whitby nursing home going forward despite home closing

A multi-million dollar class action lawsuit against a Whitby nursing home will carry on despite the home being set to close this spring.

Sunnycrest Nursing Home was once the site of one of the worst long-term care COVID-19 outbreaks in the province. During the second wave of the pandemic, 117 residents and 17 staff became infected with the virus and 34 residents died.

In November 2020, an inspection report from the Ministry of Long-Term Care revealed widespread failures in the home including lack of hand hygiene, improper use of PPE and staffing levels at less than 50 percent leading to lack of care.

Lakeridge Health soon took over operations under a Temporary Emergency License – but the hospital network says that license is set to expire in April and it is now winding down operations and looking for new placements for residents.

Family members of residents who suffered during the COVID outbreak at Sunnycrest are relieved to hear of the closure.

“It was a horrific chapter,” said Diane Pereira, whose father, Neville, passed away from COVID-19 during that second wave. “I’m truly glad it’s closing down. Unfortunately now they have to scramble to find homes for the elderly residents living there.”

Last year, families of Sunnycrest residents launched a $30 million class action lawsuit against the nursing home, alleging negligence, breach of contract and more.

Will Davidson LLP, the law firm representing the families, said the fact that the nursing home is closing has no impact on the case.

“The acts of gross negligence that we’re complaining about occurred while Sunnycrest was in charge of the home, so the case goes forward,” said lawyer Gary Will.

The allegations have not be proven in court. The Sunnycrest lawsuit is part of a larger group of lawsuits being heard in the courts.

“This was not the only home experiencing problems due to COVID. A large number of class actions were started,” said Will. “Eventually the group of law firms that were running these cases got together and consolidated the claims under eight separate class action lawsuits.”

Will said a major ruling last month by Justice Belobaba allowed the consolidation to go forward. Now the defendants in the case must respond to the claims. A certification hearing for the class action is scheduled for December.

In the meantime, Lakeridge Health said it will not close the home completely until every resident has found a new placement. It added that supports will also be given to staff as preparations for the closure get underway.