Restigouche Hospital Centre Class Action
Koskie Minsky LLP has commenced a class action on behalf of residents of the Restigouche Hospital Centre, also known as the Provincial Hospital, against the Province of New Brunswick and the Vitalité Health Network. The claim alleges historic negligence in failing to prevent systemic abuses of residents and for providing substandard health care at the psychiatric hospital in Northern New Brunswick.
The lawsuit alleges that New Brunswick and Vitalité were negligent, violated patients’ rights under the Canadian Charter of Rights and Freedoms and breached fiduciary duties through their operation, management, administration, supervision and control of the hospital. These failures resulted in serious and lasting harms to patients.
The plaintiffs bring this lawsuit on behalf of all persons who were alive as of May 24, 2017, and who resided at the hospital between January 1, 1954 and the present. The lawsuit seeks $500 million in total damages on behalf of the former residents.
For further information contact us Toll-free at 1-888-233-2852 or email restigoucheclassaction@kmlaw.ca.
-
Latest Developments
-
January 7, 2022
On November 25, 2021, the New Brunswick Court of Appeal denied the Defendants’ motion for leave to appeal the New Brunswick Court of Queen’s Bench decision certifying the case as a class action. A copy of the New Brunswick Court of Appeal decision can be found in the Documents section on this page. The parties have since exchanged submissions on costs for the certification decision. Formal notice to the class will be provided in due course.
-
October 1, 2021
The New Brunswick Court of Queen’s Bench has certified this action as a class proceeding. Formal notice to the class will be provided in due course.
-
August 17, 2021
The certification hearing concluded on April 26, 2021. The Court has not yet released a decision. We will post the decision here on our website once it is released.
-
January 8, 2021
The certification hearing is scheduled for April 26, 2021.
-
May 24, 2019
The Statement of Claim in this action has been issued.
-
January 7, 2022
-
News Releases and Reports
-
Documents
-
FAQS
What is a class action?
A class action is a lawsuit which provides a method for a large group of people with common claims to join together to advance one large claim. Class actions are a more efficient and cost-effective way for groups of people with common claims to gain access to the legal system and seek justice.
What does certification mean?
In order for an action to proceed as a class action, the court must determine whether it is appropriate for the case to be treated as a class action. Some of the factors the courts consider are the extent to which the claims of the class
members are common, and whether a class action is preferable to other methods (such as individual actions) of advancing the issues. The decision as to whether a class action should be certified takes place at a certification hearing and is decided by a judge. If certified, a representative plaintiff will advance the action on behalf of all of the class members.How do I know if I am a Class Member?
The certification order will always contain a description of who is a class member. We post the certification orders in our actions so that you can review them. You do not need to “sign up” to become involved in a class action. If you are included in the class description, you are automatically a class member who will be affected by the outcome of the class action unless you decide to “opt out”.
Are Class Members notified of the certification of the class proceeding?
Yes. After the claim has been certified, the court will authorize notice to be given to the members of the class.
Can I opt out of a class action and pursue independent legal action?
Yes. When a class action is certified, class members are always given an opportunity to opt out of the action. A deadline is imposed for opting out. If you do not opt out by the given deadline, class members will be bound by the outcome of the class action, whether it is successful or unsuccessful. If you opt out, you will not receive any benefit if the action is successful.
Will there be any cost to class members for legal fees?
Typically, class actions are handled on a contingency fee basis, which means that the class action lawyers will be paid only if the class action is successful at trial or settled. In that case, class counsel fees may be paid by the defendants or out of the settlement or judgment proceeds as approved by the court. In addition, the plaintiff may seek funding assistance from the Class Proceeding Fund which, if funding is granted, may provide funding for disbursements.
I still have questions…
Please feel to contact us by using the contact information on this site.
-
Contacts
Toll-free: 1-888-233-2852
Email: restigoucheclassaction@kmlaw.ca
