Kugler Kandestin files class action to seek compensation for the residents, and their family members, of CHSLD Herron

April 17, 2020

Kugler Kandestin has filed an Application for Authorization to Institute a Class Action and Obtain the Status of Representative concerning the maltreatment of residents of the CHSLD Herron.

The Application alleges that the CHSLD Herron acted recklessly and showed a wanton disregard for the life, safety and dignity of its residents. On March 11, 2020, the World Health Organization declared that COVID-19 constituted a pandemic. Three days later, the Government of Quebec declared that COVID-19 constituted a public health emergency. In light of the spread of this disease, it was incumbent upon the CHSLD Herron to ensure that its staff were properly equipped, that its environment be kept sanitary, that mitigation measures be implemented and, above all, that its residents continue to receive proper care during this crisis, given that they are among the most vulnerable members of society to contracting severe or fatal symptoms of COVID-19. The Application alleges that CHSLD Herron failed to meet these obligations: residents were mostly abandoned, uncared for, unfed, and found lying in their own excrement. Thirty-one residents have died at CHSLD Herron since March 13, 2020, and many others suffered unconscionable indignities.

The proposed class action seeks compensation and punitive damages for the following individuals:

“All individuals resident in the CHSLD Herron at any time from and as of March 13, 2020 (“Residents”), estates of any such Residents who passed away since March 13, 2020 (“Estates”), as well as the spouses and children of such Residents (“Family Members”)”.

The lawyers responsible for this file are Me Arthur J. Wechsler, Me Olivera Pajani and Me William Colish.

If you or someone you know is a member of this proposed class action, we encourage you to contact us so that one of the members of our team can take your information in order that you may be informed of the progress of this case, and directed to a lawyer as may be needed. Your consultations with us are free of charge and confidential.


Telephone: 514-878-2861 extension 1191