Class-action suit filed against Mckenzie Towne operator
Claim seeks $25 million over alleged negligence in handling of COVID-19
A Calgary-based law firm has filed a statement of claim in a $25-million class-action lawsuit against Revera Living, on behalf of the daughter of a woman who died from COVID-19 while living at the Mckenzie Towne Continuing Care Centre.
The application by Guardian Law was filed on behalf of Marijke Laberge, whose mother moved into the seniors home on Feb. 25 before testing positive for the novel coronavirus March 28 and dying from the disease April 4. The lawsuit seeks damages for Mckenzie Towne care home residents who were infected with COVID-19, and their spouses, partners and children.
Revera operates Mckenzie Towne Continuing Care Centre as well as more than 500 other longterm care facilities across North America and the United Kingdom. In total, 21 Mckenzie Towne residents have died of COVID -19, and 62 residents and 44 staff have tested positive for the disease.
The statement of claim says Revera had a duty of care to take reasonable steps in dealing with the COVID-19 pandemic, and alleges the company was negligent in implementing those steps.
“The defendants knew that the COVID-19 crisis constituted a serious danger to its residents and its staff,” the statement reads. “The defendant’s conduct was reckless and egregious and warrants the imposition of punitive damages.”
The lawsuit alleges that Revera did not take immediate steps to isolate residents affected by COVID -19, failed to provide personal protective equipment to staff and neglected to implement public-health measures as mandated by Alberta Health Services and Alberta chief medical officer of health Dr. Deena Hinshaw.
The allegations in the statement of claim have not been proven in court.
In a statement, Revera said they were currently reviewing the statement and would respond in due course but declined to comment on any specifics of the lawsuit.
“We extend our deepest sympathies to the Laberge family, as well as to all the families and friends of residents and employees affected by COVID -19, at Mckenzie Towne Continuing Care Centre,” the statement read. “Our homes regularly meet or exceed government standards.”
Jonathan Denis, a partner at Guardian Law and a former Alberta attorney general, said the action is specific to Revera and does not target other care centres because he says other facilities took proper precautions and avoided COVID-19 outbreaks.
“The elderly are particularly vulnerable to COVID -19, and some of their seniors, including our representative plaintiff, literally died as a result,” Denis said.
Denis added that as this is a class-action suit, any Mckenzie Towne resident who was infected with COVID -19 or anyone who had a family member at the facility die of the virus can contact the firm to join the legal action.
In late March, Hinshaw said during a daily news briefing that not all necessary COVID -19 protocol was followed at the Mckenzie Towne facility, and encouraged other care facilities to learn from the situation.
“In the case of Mckenzie Towne, unfortunately, that outbreak protocol seems to not have been implemented immediately, so there does seem to have been a significant amount of exposure,” Hinshaw said on March 31.
According to Alberta Health, the last reported new coronavirus case at Mckenzie Towne was on April 20. In a statement Wednesday, Revera’s chief medical officer Rhonda Collins praised staff for their handling of the outbreak.
“Despite no recent cases, Mckenzie Towne remains in isolation as a precaution,” Collins said.
To date, Alberta has seen 118 deaths and 6,345 confirmed COVID-19 cases. Continuing-care centres constitute nearly three-quarters of those deaths.