A judgment released on January 22 by the Superior Court authorizes a class action on behalf of those who died during the COVID-19 pandemic between March 13, 2020 and March 20, 2021.

Defended by Ménard Martin Avocats, the case was launched in September 2023. Judge Donald Bisson authorized it on behalf of people who resided in CHSLDs where the outbreak rate was equal to or greater than 25%. Relatives of the deceased, i.e. spouses, caregivers, children, grandchildren and heirs, are included in the class action.

Nearly twenty CHSLDs are targeted by the class action, including CHSLD Laurent-Bergevin in L'Île-Perrot. According to the report filed by the law firm, the facility on boulevard Perrot had an infection rate of 83.75% during the 2nd wave of the pandemic.

When the case is heard in the coming months, the court will have to rule on a number of issues, including whether the CISSS and CIUSSS were at fault in failing to take measures to prepare the establishments under their responsibility; in forcing symptomatic or at-risk employees to work; in failing to implement isolation measures including the establishment of a hot zone and a cold zone; and so on.

According to the ruling, should the court rule in favor of the plaintiffs, millions of dollars will have to be paid out to class members, depending on whether they were not infected, were infected but survived COVID-19, or to family members of a resident who died as a result of the infection.