Class-action suit against care home, WRHA can proceed, judge rules

A Manitoba judge has certified a class-action lawsuit against the owners of Maples Personal Care Home and the Winnipeg Regional Health Authority, more than five years after 56 residents died during a COVID-19 outbreak at the north Winnipeg facility.

Manitoba Court of King’s Bench Associate Chief Justice Shane Perlmutter said the suit, put forward by Lawrence Lewsey and Eddie Calisto-Tavares, who each lost a parent during the outbreak, is the best way to deal with the allegations that both defendants were negligent.

“Broadly, the allegations relate to alleged failures to adequately plan for, and respond to, the COVID-19 outbreak at Maples,” Perlmutter wrote in a 24-page decision released last week.

“I am satisfied that the proposed class action would be a fair, efficient, and manageable method of advancing the claim and is preferable to other reasonably available procedures to resolve the common issues.”

The Maples had the highest percentage of resident deaths (23 per cent) during COVID-19 out of the 10 large personal care homes in Winnipeg, as well as the highest attack rate (78.5 per cent of residents became ill).

The judge said it is believed the outbreak began after an infected visitor sat with residents at a dining table.

The class action covers the residents of the Maples home who contracted COVID-19 between Oct. 18, 2020 and Jan. 12, 2021, and died, including their estates. In addition to 56 deaths, 157 residents tested positive for the coronavirus.

“I am happy the court certified the claim as a class proceeding,” said Calisto-Tavares, whose father Manuel Calisto, died at age 88.

“We are looking forward to moving forward with the claim. (It’s a) good thing for the families and 56 residents that died and many others that were negatively impacted.”

Lewsey said his mother, Ethel, died while he and other relatives were planning a virtual party to celebrate her upcoming 100th birthday.

“I would like to see changes,” he said. “They had the most deaths and the most COVID cases of the personal care homes — that tells you something.

“The way it is, if you are incapable of looking after yourself, it is terrible. They are understaffed. People have to wait to be taken to the bathroom. That shouldn’t happen… we’ll see how it plays out, but I just hope there is some change in the system.”

A WRHA spokeswoman said the organization wouldn’t comment because the matter is before the courts.

The Free Press asked Revera, the owner of Maples at the time, to respond by phone and email on Monday, but no response was received.

Ethel Lewsey was three days away from turning 100 when she died.

An external review in February 2021 concluded the care home was critically understaffed during the outbreak.

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Both Revera and the WRHA had argued some of the issues involving residents should be dealt with in individual lawsuits.

The judge disagreed, saying “there are common issues surrounding standard of care, fiduciary duties and contract.”

“I agree with the plaintiffs’ submissions that the standards alleged against Revera are systemic ones that would have an impact on all residents of the facility and the standard applicable to all residents should not vary. This would be equally applicable to the WRHA defendants and their involvement in setting standards for care of residents at personal care homes during the pandemic and ensuring compliance with standards by Revera.”

The Maples home is now owned by Extendicare.

kevin.rollason@freepress.mb.ca

Kevin Rollason
Reporter

Kevin Rollason is a general assignment reporter at the Free Press. He graduated from Western University with a Masters of Journalism in 1985 and worked at the Winnipeg Sun until 1988, when he joined the Free Press. He has served as the Free Press’s city hall and law courts reporter and has won several awards, including a National Newspaper Award. Read more about Kevin.

Every piece of reporting Kevin produces is reviewed by an editing team before it is posted online or published in print — part of the Free Press‘s tradition, since 1872, of producing reliable independent journalism. Read more about Free Press’s history and mandate, and learn how our newsroom operates.