Law360 Canada ( March 27, 2024, 10:58 AM EDT) -- Appeal by appellants from motion judge’s certification decision not to certify the Struck Claims, and cross-appeals by respondents from certification of claim arising from alleged negligence of Minister of Long-Term Care ("MLTC"). It was argued that the motion judge erred in striking the negligence claim against the Minister of Health ("MOH"), and the Chief Medical Officer of Health ("CMOH"), striking the breach of fiduciary duty claim, and Charter claims. The appellants sought to certify a class proceeding against the provincial government arising from its response to the risks posed by COVID-19 to long-term care ("LTC") home residents in Ontario. The proposed proceeding asserted three separate causes of action against the respondent (collectively, the "Claims"). The motion judge certified the appellants' class action against Ontario arising from the alleged negligence of the MLTC in responding to the risk posed by COVID-19 to residents of Ontario's LTC homes. The motion judge struck all the appellants' other proposed claims ("Struck Claims") on the basis that they were certain to fail. The motion judge found the appellants had not pleaded any facts alleging direct communication between any of the Crown Officers and the residents of the LTC homes. Therefore, any duty of care on the part of the Crown Officers to the residents of the LTC homes could only be established on the basis of statute....