Judge certifies Nova Scotia COVID-19 lawsuit as a class action

A Nova Scotia judge has certified a class action lawsuit against Northwood, a company that was described as at the epicentre of COVID-19 deaths in the province at the height of the pandemic in 2020.

Some 53 people died in the Northwood complex in north-end Halifax.

A lawsuit was launched shortly after the deaths. On Thursday, Nova Scotia Supreme Court Justice Scott Norton certified it as a class action.

Lawyer Kate Boyle of the Halifax-based personal injury law firm Wagner called it "a really important step forward for the family members of the deceased residents."

"I know this is a really difficult time of year for most of those families," Boyle said, "and it's a positive news story right before the holidays, which we're happy about."

Wagners launched the lawsuit on behalf of patients and their families. 

Boyle said the families recognize that no amount of money can compensate them for the loss of their loved ones. Instead, they're hoping the suit will change behaviour.

"The whole case is about infection protection and control," Boyle said.

"And we allege that these basic standards were not met, that were known well before COVID even began. And so it's hopefully going to shine a bright light on Northwood and on the long-term care sector and put some pressure on to make sure that a tragedy like this would never happen again."

The provincial government had been named as a respondent alongside Northwood, but Boyle said case law suggested the lawsuit had a better chance of succeeding against the company alone.

Erica Surette is the named plaintiff in the lawsuit. She's the daughter of Patricia West, a resident of Northwood Centre who contracted COVID-19 and died in April 2020.

The plaintiffs submitted government reports on infection control and affidavits from Surette and others to support their application for class action status.

In his decision, Norton pointed out that the bar they had to meet is much lower than the one that must be met when the case goes to trial.

Boyle said that unless Northwood appeals the certification ruling, the lawyers can start advertising the case to see if more plaintiffs want to join in. The case would then move to the discovery phase when interviews are conducted and lawyers must comb through thousands of documents.

It's possible a settlement could be reached following the discovery phase, but if the case does go to trial, that could be a couple of years down the road.