Surette v. Northwoodcare Group Inc. et al.
Erica Surette
Law Firm / Organization
Wagners Law Firm
Northwoodcare Group Inc., a body corporate, incorporated in the Province of Nova Scotia
Law Firm / Organization
Stewart McKelvey
Northwood Homecare Inc., a body corporate, incorporated in the Province of Nova Scotia
Law Firm / Organization
Stewart McKelvey
Northwood Health Services, a body corporate, incorporated in the Province of Nova Scotia
Law Firm / Organization
Stewart McKelvey
Northwoodcare Halifax Inc., a body corporate, incorporated in the Province of Nova Scotia
Law Firm / Organization
Stewart McKelvey
Northwood Support Services Inc., a body corporate, incorporated in the Province of Nova Scotia
Law Firm / Organization
Stewart McKelvey
Northwood Realty Inc., a body corporate, incorporated in the Province of Nova Scotia
Law Firm / Organization
Stewart McKelvey
5534 Almon Street Inc., a body corporate, incorporated in the Province of Nova Scotia
Law Firm / Organization
Stewart McKelvey
2641 Northwood Terrace Inc., a body corporate, incorporated in the Province of Nova Scotia
Law Firm / Organization
Stewart McKelvey
Northwood Homecare Agency, a body corporate, incorporated in the Province of Nova Scotia
Law Firm / Organization
Stewart McKelvey
Northwood In Touch Personal Emergency Response, a body corporate, incorporated in the Province of Nova Scotia
Law Firm / Organization
Stewart McKelvey

Context: Erica Surette (Plaintiff) seeks to certify a class action stemming from the deaths of 53 residents at Northwood’s long-term care facilities during the early COVID-19 pandemic (March 15 to June 30, 2020). Allegations include negligence in infection prevention and control (IPAC).

Key Legal Issues:

  1. Certification of Class Action: The court assessed whether the action meets the requirements under the Class Proceedings Act, SNS 2007, c. 28.
    • Five criteria were analyzed: existence of a cause of action, identifiable class, common issues, preferable procedure, and a suitable representative plaintiff.

Court’s Findings:

  1. Cause of Action: A negligence claim was found viable against certain defendants (Northwoodcare Halifax Inc., Northwood Homecare Inc., and Northwood Support Services Inc.).
  2. Identifiable Class: The class includes executors of estates and family members entitled under the Fatal Injuries Act of residents who died due to COVID-19 during the specified period.
  3. Common Issues: Certified issues include:
    • Duty of care owed by the defendants.
    • Breach of the standard of care (e.g., failure to implement basic IPAC measures).
    • Causation was not certified due to insufficient evidence of a class-wide methodology.
  4. Preferability: A class action was deemed the most efficient way to address systemic negligence allegations compared to individual lawsuits.
  5. Representative Plaintiff: Erica Surette was found to adequately represent the class and proposed a workable litigation plan (with required adjustments).

Outcome:

  • The court certified the class action for duty of care and breach of standard of care but excluded causation as a common issue.
  • Litigation costs for certification notification are to be borne by the plaintiff.
  • Costs of the motion were awarded as “costs in the cause.” No amount specified.
Supreme Court of Nova Scotia
Hfx No. 498376
Class actions
Plaintiff