www.canadianlawyermag.com 23
the people who are most at risk for negative
outcomes should they contract the virus,"
Vaughan wrote to Canadian Lawyer in an
email. "Isolating residents is extremely difficult
when members reside, eat and socialize
together within the facility and particularly
when facilities are at capacity."
When asked how these homes can defend
themselves from lawsuits emerging out of
this pandemic, Vaughan stressed that the
central liability issue in a tort case will focus
on the standard of care. She says the fact that
a resident contracted COVID-19 and sustained
damages or died won't be enough for a finding
of liability against a long-term care home. In a
suit emerging from the pandemic, any question
of a breach in the standard of care will include
an assessment of whether the home followed
government directives and infection control
procedures, she says.
While Miller says she's preparing for
defences along those lines in the cases that will
emerge, she's also pushing for a system-wide
reassessment, which she hopes will take the
form of a public inquiry.
Hull&Hull_CL_Jan_15.indd 1 Hull&Hull_CL_Jan_15.indd 1 2014-12-10 3:41 PM 2014-12-10 3:41 PM
"I'm telling at least the people who are
contacting me to make sure that they're
in touch with public health and to write
to their MPP."
Melissa Miller, Howie Sacks and Henry
