Quebec judge greenlights class-action lawsuit against Montreal North seniors’ home over deadly COVID outbreak
Posted April 7, 2026 5:33 pm.
Last Updated April 8, 2026 5:48 pm.
A Quebec judge has authorized a class-action lawsuit against a private long-term care home in Montreal North over the handling of a COVID-19 outbreak in 2020 that left at least 69 residents dead.
The case targets Résidence Angelica and was brought forward by lead plaintiff Antonio Capobianco, who alleges the facility’s actions contributed to the death of his 95-year-old mother, Filomena Greco, and caused lasting harm to other residents and their families.
Allegations of protocol failures
The lawsuit claims the residence failed to properly manage the outbreak, including by moving COVID-19-positive residents into areas with people who were not known to be infected.
It also alleges the home did not follow government-mandated infection control measures, including ensuring staff who were sick or exposed to the virus stayed home.
Patrick Martin-Ménard, the lawyer representing the class action, said the case centres on whether basic standards of care were respected, especially considering residents are part of a elderly population vulnerable to outbreaks.
“There are basic measures to take,” he said. “There’s a basic training for the personnel to have in infection prevention and control. And we’re alleging that this was lacking in this instance. And that the staff and the directors of Residence Angelica did not properly manage the COVID-19 outbreak when it did happen. That there were some shortcomings both in terms of personnel training, personnel management, as well as the decisions that were taken to isolate patients that were symptomatic, and then to bring them back with the general population, leading to a huge spike in cases.
“It’s not an obligation of results, it’s not an obligation to come to zero cases and zero deaths. But there is the notion that if you apply, if the residents had managed the outbreak as it was supposed to manage it, we have to establish what would have happened on the balance of probabilities. And here, I think a lot of that depends on how the outbreak initially started. Because if the outbreak started as a result of a fault on behalf of the management, for example, allowing someone who has symptoms to come in and work, then there is certainly a case to be made that the outbreak would have been avoided entirely.”
The lawyer described the outbreak as part of the broader chaos at the start of the pandemic.
“If we go six years back, we all recall what happened in the spring of 2020. The COVID-19 pandemic that first appeared in January in Wuhan, China, and then progressively crossed borders and eventually hit Quebec very strongly in mid-March 2020. What we saw, unfortunately, at that time is that there was a real catastrophe in many nursing homes that were completely unprepared to deal with such an outbreak, resulting in very significant outbreaks and multiple fatalities. And such was the care at the Résidence Angelica.”
Impact on residents and families
According to the claim, dozens of residents died during the outbreak, while others experienced significant distress.
Martin-Ménard described the emotional toll on those inside the facility and their loved ones.
“Everybody was strongly affected by that because living in such an environment where people felt ill and many people passed away is a very stressful experience, especially for an elderly person who already is vulnerable for that.”
He added that the impact extended well beyond those who became ill.
“Everybody whose loved one ended up passing away during that period, I mean, it’s something that is unfortunately etched in their memories forever. And a lot of people talk to us, telling us how difficult it is to think about that.”
Martin-Ménard also noted the COVID-19 protocols at the time.
“When it did happen, the government published guidelines for hot, warm, and cold zones, isolating symptomatic and suspected residents and assigning personnel to each zone. These protocols were standard. What we’re saying here is that neither the government guidelines nor the basic infection prevention and control measures were taken, and this is what resulted in the scope of the outbreak and of the fatalities that happened.”
He emphasized that the lawsuit seeks damages for residents who survived as well as the relatives and estates of those who died.
“The lawsuit is seeking damages on behalf of the residents who survived the COVID-19 outbreak, as well as their relatives and the succession of the residents who unfortunately passed away as a result of the COVID-19 outbreak. There were 69 fatalities.”
Case moves forward
The court’s decision allows the lawsuit to proceed but does not determine liability.
Martin-Ménard said the authorization marks an important early step.
“The court has looked at the framework of the class action and has given it the green light to go ahead. So now the file will proceed on merit. So it’s like an important preliminary step that has been completed.”
He added that evidence cited so far includes inspection reports and other documentation, with more expected as the case advances.
Broader concerns in long-term care
Patient rights’ advocates say the case reflects deeper, longstanding issues in Quebec’s long-term care system.
Paul Brunet, chair of the Conseil pour la protection des malades, said problems in care pre-dated the pandemic.
“So that means that mistreated was there before COVID. And more and more we hear that it is there after COVID because the budget, that’s the budget orientations, the budget objectives of managers are to that point that we have quotas.”
Brunet said he hopes the legal process will bring accountability for families.
“At least we have a class action, hoping it will serve the families of the patients who died. And that justice eventually will triumph.”
Response from residence
The lawsuit seeks damages on behalf of all residents who lived at the home between April 9 and June 26, 2020, as well as their relatives and heirs.
The allegations have not been tested in court.
CityNews reached out to Résidence Angelica and its legal representatives. “This class action lawsuit is part of several similar cases arising from the same circumstances,” lawyer Julien Meunier wrote in a brief email. “We will not comment further and will allow the legal process to run its course.”
In a statement, the CIUSSS du Nord-de-l’Île-de-Montréal, which integrated Résidence Angelica on April 1, 2026, said it is reviewing the file but cannot comment as the matter is before the courts.
—With files from The Canadian Press,
