Health Care/Nursing Homes

Morrison Estate v. Attorney General of Nova Scotia

Nova Scotia Supreme Court File: Hfx No. 230887  

On November 30, 2007, Wagners filed an Amended Statement of Claim in relation to a proposed common law class proceeding in the Supreme Court of Nova Scotia. The original Statement of Claim was filed on September 8, 2005. The proposed class action is filed on behalf of residents and family members of residents of nursing homes in Nova Scotia who were required to pay for the health care costs of residents in nursing homes in Nova Scotia on a private pay basis between February 1, 2001 and January 1, 2005.

In the period between February 1, 2001 and January 1, 2005 people seeking admission to nursing homes in Nova Scotia were required by the Nova Scotia Department of Health to submit to a mandatory financial assessment to facilitate their admission to a nursing home. Those people who the Department of Health determined had sufficient financial assets and income were required to pay for their own health care costs in nursing homes on a private pay basis. Those residents who did not have sufficient financial assets and income had their health care costs in nursing homes covered from public funds.

The proposed class action alleges that requiring some nursing home residents and their family members to pay for the nursing home residents’ health care costs was unlawful because:

(1) it occurred without the required statutory authority;

(2) it was based on false representations or false statements;

(3) the elderly seniors requiring nursing home care were in a special relationship with the Department of Health and the Department of Health had a duty to protect the interests of those seniors; and

(4) the proposed class members’ rights under section 7 and section 15.1 of the Canadian Charter of Rights and Freedoms have been violated.

The proposed class action seeks damages and/or repayment of the total amount of health care costs paid by proposed class members on a private basis for residents in Nova Scotia nursing homes between February 1, 2001 and January 1, 2005.

  • Update – December 4, 2015

    The final class members were sent the update letter on today’s date. 

    Once the decision is released in the Elder case, it will be uploaded to the Court Documents tab for review.

  • Update – November 27, 2015

    Wagners have completed the review of the most recent documentation received from the Province of Nova Scotia. 

    A mail-out will be sent to all class members known to our firm in the coming days to provide them with an update on the current status of this matter and the future conduct of the case.

  • Update – September 28, 2015

    Wagners received further disclosure from the Attorney General of Nova Scotia. 

    This latest batch of documents will be reviewed and further determinations will be made as to the future initiatives to further this class action.

  • Update – September 1, 2015

    On today’s date, Wagners received correspondence from the solicitor for the Attorney General of Nova Scotia enclosing indices to further delineate and particularize documents in which privilege is being claimed. Further documents will be forthcoming shortly as well.

  • Update – July 30, 2015

    On today’s date, Wagners sent a followup letter to the counsel for the Attorney General of Nova Scotia requesting a status update on our request for further documentation disclosure.

    We received an immediate response from the lawyer for the Province of Nova Scotia who advised that further time was required and that the documents requested will be provided in the coming weeks.

  • Update – June 9, 2015

    We received a further update today from the solicitor for the Province of Nova Scotia.

    Work is continuing and is nearing a conclusion with respect to our request for further production.

  • Update – May 19, 2015

    We received an update today from the Province of Nova Scotia’s counsel.

    Work continues to itemize the documents for which privilege has been claimed by the Province. The Province has located further documents and are in the process of itemizing those documents. Some additional time will be required to complete the process. 

  • Update – May 5, 2015

    Wagners sent followup correspondence today to the solicitor for the Province of Nova Scotia to obtain a status update on his efforts concerning our request for production of further documentation and itemization of privileged materials.

    A response was received later in the day wherein we have been advised that work is continuing and efforts are being made to provide the materials and itemization in the near future.

  • Update – March 17, 2015

    Correspondence was received today from the solicitor for the Province of Nova Scotia advising that due to complexities involved with our request for documentation it will take some time for the itemization to be completed. 

  • Update – February 25, 2015

    Correspondence was received today from the lawyer for the Province of Nova Scotia advising he is continuing in efforts to itemize and review the additional documents we have requested. 

  • Update – February 3, 2015

    We have reviewed the latest disclosure from the Province of Nova Scotia.

    Correspondence was sent to the Province’s lawyer on today’s date requesting further disclosure and itemization of documents where privilege has been claimed by the Province.

  • Update – January 27, 2015

    We have now received further documents from the Province of Nova Scotia. Our review will commence shortly. Once completed we will be in a better position to determine our next course of action.

    We will continue to update this page as events warrant. 

  • Update – July 26, 2014

    Since our letter to Counsel for the Province of Nova Scotia dated October 17, 2013, we have had further exchanges on the disclosure issue.

    We were advised last week by the lawyers for the Province that they will be reviewing the documents we have requested and would provide us with a response and their position soon.

    This page will be updated once we have heard from the Province. 

  • Update – October 17, 2013

    We sent correspondence to the solicitor for the Province on today’s date requesting further disclosure and seeking clarification on some of the items which they produced. 

  • Update – October 3, 2013

    We are in the final stages of the review of the Defendants’ Affidavit of Documents. We expect to be completed by the end of October. 

  • Update – August 15, 2013

    We are continuing our review of the documentation that was contained in the Defendants’ Affidavit of Documents. 

  • Update – June 12, 2013

    We have commenced our review of the Defendants’ production materials. 

  • Update – May 31, 2013

    Our Affidavit of Documents was provided to the Defendants on today’s date. The materials consist of the exhibits to the affidavits which were filed in support of our Certification Motion. 

  • Update – May 6, 2013

    We have now received the Province of Nova Scotia’s Affidavit of Documents. The index to the documents may be found under the Court Documents page. The documents were in electronic format and contained on 5 CDs. We will be proceeding with the lengthy review of these documents in the near future. 

  • Update – April 23, 2013

    The litigation is now progressing to the document exchange phase of the proceedings. We are awaiting receipt of the documentation from the Province of Nova Scotia. 

  • Update – February 27, 2013

    We completed the direct mailing to all potential Class Members with respect to the notification of the Certification of this proceeding. The Notice of Certification has been published in 5 different Nova Scotia newspapers.

    We wish to advise our long-standing Class Members who were previously registered with our firm that you should receive your package in the coming days.

    If there are any questions with respect to the package that you receive, kindly contact Wagners at your convenience.

  • Update – January 24, 2013

    We are in the process of notifying all potential class members of the Certification of this proceeding. The Notice of Certification is being published in 5 different Nova Scotia newspapers and is also being direct mailed to Class Members who were previously registered with our firm. We have also been provided with a list of potential Class Members from the Province of Nova Scotia and those individuals or their representatives are also being contacted by direct mail. 

  • Update – December 10, 2012

    Counsel appeared before Justice MacAdam on December 7, 2012 for a case management conference to discuss the next procedural steps.

    Justice MacAdam approved an Order which attached new versions of the Notice of Certification, Litigation Plan and Opt-Out Form. The Order and revised versions are available for viewing under the Court Documents tab.

    As the Province has now provided the Plaintiffs with the contact information of all known Class Members, Wagners will be proceeding with the mailing of the Notice of Certification and Opt-Out Form to the last known addresses of all known Class Members.

    Issues concerning the Province’s requirement to disclose information to the Plaintiffs was also discussed during the case management conference. A soft deadline of April 1, 2013 was imposed for the Province to provide disclosure to the Plaintiffs.

    The next case management conference is scheduled for April 12, 2013. 

  • Update – October 2, 2012

    Counsel recently appeared before Justice MacAdam for a case management conference to determine the next procedural steps to be followed. Discussions concerning notification to the Classes and document production were some of the topics covered.

    The parties will be returning for a further case management conference before His Lordship on December 7, 2012. 

  • Update – July 27, 2012

    The Defendants have filed their Defence to the class action. The pleading may be viewed under the Court Documents tab. 

  • Update – July 25, 2012

    The Plaintiffs filed a cleaned up version of the Statement of Claim on today’s date. The 4th Fresh as Amended Statement of Claim may be viewed under the Court Documents tab.

  • Update – July 12, 2012

    The contents of the Orders have been resolved and they have been signed by the Honourable Justice MacAdam and filed with the Prothonotary on June 4, 2012. In addition, the Plaintiffs filed their 4th Amended Statement of Claim with the Court on June 6, 2012.

    Copies of the above documents may be viewed on the Court Documents tab.

    All Counsel will be appearing before Justice MacAdam on August 13, 2012 at a Case Management Meeting to discuss the future conduct of the action. 

  • Update – March 7, 2012

    We will be appearing before the Honourable Justice A. David MacAdam via telephone conference call on April 17, 2012 in an effort to resolve the issues with respect to the contents of the Orders.

  • Update – February 27, 2012

    On October 24, 2011, Counsel appeared before the Honourable Justice A. David MacAdam to provide their submissions concerning ss. 7 and 15(1) of the Charter. At that time, His Lordship gave directions to Counsel with respect to further amendments to be made to the Plaintiffs’ 3rd Amended Statement of Claim which was filed on November 2, 2011. The matter was adjourned to December 14, 2011.

    On November 9, 2011, a copy of the Plaintiffs’ draft 4th Amended Statement of Claim was provided to Counsel for the Defendants. After various discussions, it became apparent that common ground respecting further amendments could not be reached.

    On December 14, 2011, Counsel again appeared before Justice MacAdam and made their submissions concerning ss. 7 and 15(1) of the Charter.

    On December 22, 2011, Counsel appeared before Justice MacAdam to receive his decision on the Charterclaims. A copy of the written decision of December 22, 2011 may be found on the Court Documents page. Further discussions were held concerning the desired amendments and a Consent Order attaching a draft of the 4th Amended Statement of Claim was sent to Counsel for the Defendants.

    On January 11, 2012, correspondence was received from Counsel for the Defendants which set out a number of concerns with the content of the Order and the draft 4th Amended Statement of Claim.

    On January 23, 2012, an Order respecting the decision of December 22, 2011 as well as a revised Order and draft 4th Amended Statement of Claim was provided to Counsel for the Defendants. The Plaintiffs’ position was that the draft 4th Amended Statement of Claim reflected undertakings given to the Court.

    As it appears that Counsel for the Defendants are seeking further amendments beyond the scope of Justice MacAdam’s direction and as we have not received any response to our letter of January 23rd, it appears an impasse has been reached. We have sent correspondence to Justice MacAdam requesting an appearance to resolve the issues with respect to the two Orders and the 4th Amended Statement of Claim.

    Once we receive a date for our appearance before Justice MacAdam, it will be posted under this News tab.

  • Update – November 2, 2011

    The Plaintiffs have filed their 3rd Amended Statement of Claim with the Court on today’s date. The document is available for viewing under the Court Documents tab. 

  • Update – October 13, 2011

    The Plaintiffs have filed their Brief and Supplemental Affidavit with respect to the Motion to Amend the Statement of Claim which was filed on August 26, 2011. The Motion to Amend will be heard on October 24, 2011 at the same time that submissions will be made concerning ss. 7 and 15(1) of the Charter. All documents filed pertaining to these matters are available for viewing under the Court Documents tab. 

  • Update – September 29, 2011

    The Plaintiffs have filed their Reply Brief with respect to ss. 7 and 15(1) of the Charter. The Reply Brief responds to the Defendants’ brief filed on September 23, 2011. All Briefs are available for viewing under the Court Documents tab. 

  • Update – September 9, 2011

    The Plaintiffs have filed their Brief with respect to ss. 7 and 15(1) of the Charter. The Brief is available for viewing under the Court Documents tab. 

  • Update – July 15, 2011

    The Nova Scotia Court of Appeal has released its decision with respect to the Province of Nova Scotia’s appeal of the Plaintiffs’ Certification Order. The decision is available for viewing under the Court Documents tab. 

  • Update – June 22, 2011

    The Appeal of the Plaintiffs’ Certification Order filed by the Province was heard by the Nova Scotia Court of Appeal on May 17, 2011. The Honourable Court reserved decision and once it has been released, a copy will be available for viewing under the Court Documents tab. 

  • Update – January 17, 2011

    The Province of Nova Scotia has filed an Appeal of the Order certifying the class action. The Notice of Appeal may be viewed under the Court Documents tab.

    The Appeal will be heard on Tuesday, May 17, 2011 at 2:00 PM at the Law Courts on Upper Water Street. 

  • Update – November 29, 2010

    Wagners are pleased to report that the Order certifying the class action involving residents of Nova Scotia nursing homes and extended care facilities was filed with the Prothonotary on today’s date. The Order, signed by the Honourable Justice A. David MacAdam, may be viewed under the Court Documents tab along with the Notice of Certification, Litigation Plan and Opt-Out Form. You may view our Press Release by clicking here.

  • Update – May 20, 2010

    Wagners are pleased to report that we were successful in arguing that the proposed class action involving residents of Nova Scotia nursing homes and extended care facilities should be certified as a class proceeding. The decision of the Honourable Justice A. David MacAdam was released today and may be viewed under the Court Documents tab. This decision is the first available in Nova Scotia with respect to a contested motion for certification of a class proceeding. 

  • Update – November 19, 2009

    The hearing of the Plaintiffs’ Motion to certify the proceeding as a class action is scheduled for November 23 and 25, 2009. The hearing will commence at 9:30 a.m. and remains open to the public. 

  • Update – November 18, 2009

    The decision concerning the Defendants’ unsuccessful motion to stay the Certification has now been received and may be viewed under the Court Documents tab. 

  • Update – October 24, 2009

    The hearing of the Plaintiffs’ Motion to certify the proceeding has been postponed pending a written decision of the Defendants’ unsuccessful motion to stay the Certification hearing. The decision is expected to be forthcoming shortly. 

  • Update – October 11, 2009

    The hearing of the Plaintiffs’ Motion to certify the proceeding as a class action has been rescheduled from October 13 and 14, 2009. The hearing will now take place on October 26, 2009 at the Law Courts on Upper Water Street. The hearing will commence at 9:30 a.m. and remains open to the public.

  • Update – September 4, 2009

    The Defendants’ motion to stay the Certification hearing, which was heard on August 28, 2009, was unsuccessful. When the final written decision is released, it will be posted under the Court Documents tab.

    The hearing of the Plaintiffs’ Motion to certify the proceeding as a class action has been rescheduled from September 8 and 9, 2009. The hearing will now take place on October 13 and 14, 2009 at the Law Courts on Upper Water Street. As the Defendants’ motion to stay the certification hearing was unsuccessful, the dates of October 13 and 14, 2009 are now solidified. The hearing will commence at 9:30 a.m. each day and remains open to the public. 

  • Update – August 6, 2009

    The Defendants have filed an application for leave to appeal the decision of the Honourable Justice A. David MacAdam dated June 26, 2009. The Defendants have also applied to stay the Order of Justice MacAdam dated July 20, 2009 and to stay the Plaintiffs’ Motion to certify which is scheduled for September 8 and 9, 2009. You may view the appeal documents under the Court Documents tab.

  • Update – July 29, 2009

    The hearing of the Plaintiffs’ Motion to certify the proceeding as a class action has been rescheduled from August 13 and 14, 2009. The hearing will now take place on September 8 and 9, 2009 at the Law Courts on Upper Water Street. The hearing will commence at 9:30 a.m. each day and remains open to the public.

  • Update – July 6, 2009

    The hearing of the Plaintiffs’ Motion to certify the proceeding as a class action is scheduled for August 13 and 14, 2009 at the Law Courts on Upper Water Street. The hearing will be open to the public. 

  • Update – June 26, 2009

    On June 26, 2009, the Honourable Justice A. David MacAdam released his written decision with respect to the Defendants’ motion to compel the Plaintiffs to answer the Defendants’ Second Demand for Particulars. The decision was in favour of the Plaintiffs’ position that the motion should be stayed until after the hearing of the Plaintiffs’ Motion for Certification. You may view the Decision of the Honourable Justice A. David MacAdam under the Court Documents tab.

  • Update – June 19, 2009

    On June 19, 2009, the Plaintiffs filed their response to the Defendants’ motion to compel the Plaintiffs to answer the Defendants’ Second Demand for Particulars. View the documents under the Court Documents tab. 

  • Update – June 12, 2009

    On June 12, 2009, the Defendants filed their Notice of Motion, and supporting documents, to compel the Plaintiffs to answer the Defendants’ Second Demand for Particulars. The Motion is scheduled for hearing on June 24, 2009. View the documents under the Court Documents tab. 

  • Update – February 9, 2009

    View the February 9, 2009 Press Release here

  • Update – February 6, 2009

    On February 6, 2009, the Notice of Motion, and supporting documents, to certify the proceeding as a class action were filed with the Supreme Court of Nova Scotia in Halifax. View the documents under the Court Documents tab. 

  • Update – October 21, 2008

    On August 8 and 11, 2008, the Defendant Attorney General of Nova Scotia’s application to strike portions of the Plaintiffs’ Amended Statement of Claim was heard in the Supreme Court of Nova Scotia. On October 14, 2008, a written decision was released which was favourable to the Plaintiffs. View the Decision of the Honourable Justice A. David MacAdam under the Court Documents tab.

  • Update – September 8, 2005

    View the September 2005 Press Release here.

  • Update – September 15, 2004

    View the September 2004 Press Release here.

Wagners is presently accepting enquiries from residents or family members of residents of nursing homes in Nova Scotia who have been required to pay for the health care costs of residents in the nursing home.

If you, or a member of your family, is or was a resident in a nursing home in Nova Scotia for all or part of the period between February 1, 2001 and January 1, 2005 and were required to pay for health care costs in the nursing home on a private pay basis, you may be eligible to be included as a Class Member in our class action lawsuit.

To sign up and determine if you qualify, please fill out this registration form:

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