Case Summary
1. The law firms of Sutts, Strosberg LLP and Hotz Lawyers are counsel in a class action commenced by statement of claim issued October 24, 2005 on behalf of all persons (except employees of the City of Toronto) who were exposed to Legionnaires’ Disease, Pontiac Fever, or contracted either one due to the outbreak of disease at Seven Oaks Home for the Aged (“Seven Oaks”) in Scarborough.
2. Legionnaires’ Disease is a bacterial pneumonia caused by Legionella pneumophilia. It is not spread person to person, but is caused when people inhale mist or water droplets from a source that contains high concentrations of Legionella. Pontiac Fever is a milder, non-pneumonia infection with Legionella.
3. Between September 1, 2005 when the first residents fell ill, until October 13, 2005 (the "Class Period") when the outbreak was contained, approximately 135 people had contracted Legionnaires’ Disease and 23 people died, including residents, visitors and staff members.
4. The Report of the Expert Panel on the Legionnaires’ Disease Outbreak (the “Report”), which was published in December, 2005 concluded that the source of Legionella was the air conditioning system at Seven Oaks.
5. Although Legionnaires’ Disease was suspected and urine samples were sent to the Central Public Health Laboratory, none of the samples were positive.
6. The class action names the City of Toronto and Ontario as defendants. It alleges that the City of Toronto was negligent in the design and maintenance of the air conditioning system, and that Ontario was negligent in testing for the disease.
7. The certification motion was argued in Toronto on September 16-18, 2008.
8. On April 15, 2009, Justice Lax released reasons which stated that this action would be certified as a class proceeding subject to amendments to the litigation plan. A copy of the reasons of Justice Lax may be viewed here. On April 28, 2009, Justice Lax advised that she was satisfied with the amendments to the litigation plan. The certification order may be reviewed here.
9. Ontario sought leave (permission) to appeal from the certification order. On February 19, 2010, the motion for leave to appeal was argued in Toronto before Justice McCombs. On April 22, 2010, Justice McCombs delivered reasons which dismissed Ontario's motion for leave to appeal. The plaintiffs were entirely successful in responding to this motion. Click here to read the reasons.
10. If you have any questions, please call Sutts Strosberg LLP at 800.229.5323, extension 8296 or Hotz Lawyers at 416.590.7823.
11. If you would like to know more about how a class action works, click here.
IMPORTANT NOTE
This website has been developed to provide general information to potential class members on a class action that has been commenced concerning the outbreak of Legionnaires’ Disease.
The site is not designed to answer questions about your individual situation or entitlement. Do not rely upon the information provided on this website as legal advice in respect of your individual situation nor use it as a substitute for individual legal advice.
The information collected about potential class members will assist counsel in prosecuting the class action and assessing what damages were suffered by the class as a whole. Providing the information requested does not make you the client of Sutts, Strosberg LLP or Hotz Lawyers. The court will ultimately decide who will be included as a class member.
This website will be updated from time to time to provide potential class members with information as it becomes available.