Thomson Rogers lawyers Stephen Birman and Lucy Jackson was featured in The Lawyer’s Daily in an article by John Schofield titled “Lawyers hope long-term care legal actions will continue, despite pending Ontario legislation.”
Discussing legislation proposed by the Ontario government that could wipe out class actions and lawsuits alleging negligence by some Ontario long-term care facilities in the deaths of over 2,000 residents and patients from COVID-19, Stephen Birman said,
“We now will need to establish across the various homes, the homes that were involved, whether there was gross negligence across the board. So if there was negligence in one resident’s room but not the next resident’s room, that’s the type of argument that the insurance companies will use to try to defeat a class action now. They’ll say negligence isn’t enough. You need gross negligence and you need it across the board. So that adds just a layer of challenge,” said Birman. “It raises the bar in my view without any justification.”
Lucy Jackson, in speaking of the proposed legislation (Bill 218), said,
“This idea that you benefit from immunity so long as you exercise good faith,” she added, “whether or not your actions were reasonable, is just one bridge too far. I think that’s far too lax a standard.”
To read the full article please click here.