Families of residents file lawsuit against Anson Place
Proposed $15M class action against company that oversees facility alleges management failed to provide adequate care
Mike McCarroll wants to know why his mother, Ruby, and 26 other residents of Anson Place Care Centre in Hagersville have died of COVID-19 in less than a month.
Ruby McCarroll, a 95-year-old retired schoolteacher, died on March 30 after spending a week in hospital. It wasn’t until her son was summoned to the hospital as his mother’s health worsened that he learned she had tested positive.
“That was a total shock,” Mike McCarroll said. “We weren’t even thinking of the virus.”
McCarroll is the representative plaintiff in a proposed class-action lawsuit that accuses Responsive Group Inc., a private company that oversees Anson Place and five other long-term care facilities named in the suit, of not adequately caring for residents and staff during the pandemic.
“It’s certainly not about my situation. It’s about all the families,” McCarroll said.
“It’s kind of a shared grief that we have.”
The proposed lawsuit has been filed on behalf of everyone living in the homes as of Jan. 10, their families, and the estates of those residents who have died.
The action cites management’s alleged failure to plan for and respond to the pandemic, which includes poor communication with residents’ families, not having enough staff, not following proper disease prevention and containment practices, and not complying with public health guidelines regarding outbreak planning, access to personal protective equipment for staff, visitors and residents, and testing and isolating residents and staff.
Toronto law firm Tyr LLP filed the proposed lawsuit, the allegations of which have not been tested in court.
Lawyer Pinta Maguire said she was driven to act by news accounts of residents dying at long-term care homes as their loved ones were left on the outside.
“There unfortunately have been many tragedies that people are dealing with — losing people to COVID-19 and trying to find answers,” Maguire said.
“When I saw what was happening at long-term care homes, it lit a fire under me to think: ‘Could this have been avoided?’ ”
McCarroll thinks so.
“This didn’t have to happen,” he said. “There’s hundreds of long-term care and retirement homes across Canada that managed this well.”
The lawsuit, which has yet to be certified, is seeking $15 million in punitive damages, though Maguire explained that the court could decide to award separate financial compensation to each plaintiff.
Taking collective legal action means the lawsuit carries more clout and could “bring about meaningful change and have a meaningful impact on the defendants,” she added. “These are private companies that operate long-term care and retirement homes for profit. They are trusted with some of the most vulnerable members of society.”
In a statement, Responsive Group — whose subsidiary, Rykka Care Homes, manages Anson Place — acknowledged the proposed lawsuit.
“In due course, we will identify legal counsel, review the information provided and prepare our responses,” the company said. “We will continue to work closely with government, public health units and our other health-care partners to accelerate testing, initiate outbreak protocols and comply with all directives.”
McCarroll said he agreed to be the public face of the lawsuit in order to push for change.
“In talking with other families, we’re looking for answers and we’re looking to put in better practices, whatever they might be, to make sure this doesn’t happen again,” he said. “It’s a way of honouring the people who’ve lost their lives unnecessarily. We can’t bring these lives back, but we can make sure we do better in the future.”
J.P. Antonacci’s reporting is funded by the Canadian government through its Local Journalism Initiative. The funding allows him to report on stories about the regions of Haldimand and Norfolk.