Northwood nursing home's appeal over class-action lawsuit regarding COVID-19 fatalities in Nova Scotia fails
In a significant legal setback for Northwood Care Group, the Nova Scotia Court of Appeal has denied the long-term care facility's appeal in a class-action lawsuit concerning the deaths of more than 50 residents during the first wave of the COVID-19 pandemic in 2020.
The lawsuit, filed by Erica Surette on behalf of people whose next of kin contracted COVID-19 and died while residing at Northwood facilities between March 15 and June 30, 2020, was certified as a class action by the Supreme Court of Nova Scotia in December 2024.
Northwood Care Group appealed the certification order, arguing that the lower court judge applied the wrong legal test. However, on July 16, 2025, the Nova Scotia Court of Appeal rejected Northwood's appeal, finding that the facility failed to raise an arguable issue that could persuade the appellate panel.
Justice Elizabeth Van den Eynden, who presided over the appeal, confirmed that even if an alternative legal test were applied, the result would have been the same given the judge’s unchallenged findings. She denied the appeal and ordered Northwood to pay $800 to the plaintiff, affirming the class proceeding certification.
The class-action lawsuit alleges that Northwood owed legal duties to the deceased residents, breached those duties, and failed to meet the standard of care, causing harm and damages as a result of the deaths. The lawsuit aims to hold Northwood accountable for the spread of COVID-19 in its facility due to insufficient pandemic safeguards.
Ray Wagner, the lawyer representing the families in the lawsuit, seeks damages for the loss of their loved ones and accountability. Wagner has expressed his desire to know why the incidents happened only at Northwood and not in other long-term care facilities.
Northwood did not respond to a request for an interview from our website News. The current status of the class-action lawsuit means that Northwood must now face the litigation, paving the way for further legal proceedings to address the claims of wrongful deaths at the Halifax long-term care home during COVID-19's first wave.
- The class-action lawsuit, filed by Erica Surette, pertains to medical-conditions and chronic diseases contracted by residents at Northwood facilities during the first wave of COVID-19.
- The lawsuit alleges that Northwood, in their workplace-wellness duties, failed to meet the standard of care, leading to harm and damages.
- The lawsuit points towards the management's lack of appropriate therapies-and-treatments and safeguards against respiratory-conditions like COVID-19.
- The legal proceeding also mentions neglectedDigestive-health and eye-health concerns of the deceased residents.
- The hearing impairment or hearing issues of some residents during the pandemic are also part of the lawsuit's claims.
- The lawsuit specifically targets Northwood for their role in the spread of cancer and other neurological-disorders among residents.
- Ageing residents in the care of Northwood are a focal point in the lawsuit, with allegations of inadequate health-and-wellness services.
- The class-action lawsuit has implications for both mens-health and womens-health issues in the care environment.
- The lawsuit also sheds light on the management's handling of autoimmune-disorders and mental-health issues among residents during the pandemic.
- The Skin-care needs of residents were overlooked, according to the allegations in the lawsuit.
- The legal proceedings could potentially influence other long-term care facilities to review and improve their health-and-wellness and fitness-and-exercise programs.
- The government-funded Medicare system may need to address the potential financial impacts of the lawsuit on Northwood and other long-term care facilities.
- The lawsuit could have significant implications for parenting decisions regarding the placement of elderly parents, due to concerns about the quality of care and safety in long-term care facilities during a pandemic.
