Family seeks class-action against CHSLD Vigi Mont-Royal for 'gross negligence'

The family ofOlga Sarlis, one of more than 70 residents to die from COVID-19 at a private seniors' home in the Town of Mount Royal, is seeking a class action against the residence's owner.

One hundred per cent of residents, and 148 staff, at theCHSLD Vigi Mont-Royal were infected with the virus, according to internal documents obtained by Radio-Canada earlier this month.

The applicationalleges that residence owner, Vigi Sant, failed to provide basic care to residents, and did not follow provincial directives to separate suspected and confirmed cases from healthy patients and have staff wear protective equipment.

It also alleges a ventilation system in need of repair caused the virus to spread rapidly through the facility, resulting in a 100 per cent infection rate.

The ventilation system has since been repaired and the Canadian Armed Forces is providing assistance.

"The scale and the speed of the outbreak has really been unprecedented," said Patrick Martin-Menard, who represents the plaintiff. He called the actions of Vigi-Sant "gross negligence."

"Even in an exceptional situation like a pandemic, they still have obligations toward their patients," Martin-Menard said. "There has to be accountability."

If the lawsuit goes ahead, it will seek $1 million in punitive damages, in addition to tens of thousands of dollars paid out to family members and surviving residents.

Vigi-Santdid not immediately return a request for comment.

This is the third Montreal-area long-term care home to face a lawsuit for how they responded to the COVID-19 pandemic. Lawsuit have been filed against CHSLD Ste-Dorothein Laval and CHSLD Herron in Dorval.