Class Actions

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

CHSLD Herron Settlement Agreement approved by the Court

We are pleased to announce that on May 6th, 2021, the Honorable Justice Donald Bisson of the Superior Court of Quebec rendered judgment approving the 5.5 million dollar settlement of this case.

The settlement is for the benefit of:

“All individuals resident in the CHSLD Herron at any time from March 13, 2020 to May 31, 2020 (“Residents”), estates of any such Residents who passed away between March 13, 2020 and May 31, 2020 (“Estates”), as well as the surviving spouses and children of Residents who passed away between March 13, 2020 and May 31, 2020”.

Deadline to file a Claim:

In order to benefit from the Settlement Agreement, Class members must submit a claim no later than November 17th, 2021, at 4:30 p.m.

Class members must submit a claim by filling out the Claim Form and submitting it to Collectiva, the Claims administrator, at the coordinates found on the first page of the Claim Form.

Opt-out process:

A Class member who wishes to opt-out from the Class action must do so no later than June 17, 2021 at 4:30 PM by filing with the clerk of the Superior Court of the district of Montreal in the file bearing Court number 500-06-001060-207, a written document stating the following:

  1. His or her name and contact information; and
  2. A signed statement specifying (i) that he or she has decided to opt-out of the Class action and the Settlement Agreement; (ii) the category or categories he or she belongs to, (iii) the reasons for opting-out; (iv) whether he or she has retained the services of a lawyer and, if so, the name of said lawyer.

Relevant documents:

Judgment approving the Settlement Agreement
Settlement Agreement
Appendix 1: Claims Administration Process and Compensation Parameters
Appendix 2: Claim form
Notice published on May 14, 2021

To obtain further information please contact the Claims Administrator:

2170 René-Lévesque blvd. West
Unit 200
Montréal (Québec)
H3H 2T8
Phone : 514-287-1000
Toll-free number : 1-800-287-8587
Fax : 514-287-1617

March 31, 2021: Settlement of $ 5.5 million for the CHSLD Herron Class Action

We are very happy to announce that a settlement of the Class action involving CHSLD Herron has been reached.

In virtue of the settlement, the Defendants will pay a total amount of $ 5.5 million to be distributed to Class members who submit a valid claim.

The Categories of people who will be able to benefit from the settlement are:

a) Category 1: Succession of a Resident who died at any time between March 13, 2020 and May 31, 2020 (hereafter “Deceased Resident”)

b) Category 2: Surviving Spouse of a Deceased Resident

c) Category 3: Surviving Child of a Deceased Resident

d) Category 4: Surviving Resident of CHSLD Herron between March 13, 2020 and May 31, 2020;

According to law, in order for a settlement in a Class action to be valid, it must be approved by the Court. On April 30, 2021, a hearing will be held before the Superior Court of Quebec by videoconference during which we will present an application to approve the settlement. You can consult the following documents to understand the terms of the settlement, its benefits for Class members and the compensation determined for each Category:

If the Superior Court of Quebec approves the settlement, we will provide additional information regarding the steps to follow to submit a claim and the Claim Deadline. Please note that no claim can be submitted at this time.

You can review the Notice advising Class Members of the Hearing of the Application to Approve the Settlement Agreement and how to attend virtually. Please note that Class members do not have to attend the Hearing in order to benefit from the settlement.

If you or someone you know is a member of the Class action, you may contact our Class Action Support Agent, who can answer your questions and, if necessary, direct you to a lawyer on our team:

Rachel Gabay
514-878-2861 ext. 144

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.

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