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.