Whitehorse shelter operator responds to another lawsuit alleging negligence

The operator of the Whitehorse Emergency Shelter is denying wrongdoing in a statement of defence filed in the Yukon Supreme Court. (Gabrielle Plonka/CBC)

The Yukon government and Connective Support Society say a man’s death at the Whitehorse Emergency Shelter in 2024 was not their fault.

Both filed statements of defence to the Yukon Supreme Court last month.

They say negligence was not a factor in the death of Leonard James Capot-Blanc, who died of a suspected overdose in a shelter shower room on Dec. 18, 2024. Both statements of defence ask for the lawsuit to be dismissed.

Capot-Blanc spent several nights at the shelter in December 2024, according to Connective, the shelter’s operator.

Shortly before 6 a.m. on Dec. 18, Connective says staff let Capot-Blanc into a shower room and checked on him twice. The second time was shortly before 6:30 a.m., when staff found him unresponsive, according to Connective; he passed away that morning despite life-saving measures administered by shelter staff, then EMS.

Connective lists an overdose and pre-existing conditions as possible causes of Capot-Blanc’s death but says shelter staff weren’t to blame. The non-profit is asking for its legal costs to be awarded if the lawsuit is thrown out.

The Yukon government’s statement of defence similarly denies any wrongdoing. It argues the government met the standard of care expected, and the government’s policies around the shelter were reasonable. The government is also asking for costs to be awarded.

Capot-Blanc’s family is alleging that negligence was a factor and is seeking legal costs, punitive damages and damages for grief, funeral expenses and grief counselling.

The lawsuit claims a pattern of systemic negligence has contributed to multiple deaths at the shelter, including Capot-Blanc’s. It accuses the shelter’s operators of failing to implement meaningful change after a 2024 coroner’s inquiry made multiple recommendations.

In the case of Capot-Blanc, the family alleges that shelter staff broke an internal rule to check high-risk areas every 15 minutes and missed the window to save him with naloxone and CPR. The lawsuit alleges that he was left alone for 37 minutes before staff found him unresponsive.

The lawsuit accuses the Connective Support Society and the government of failing to stop preventable deaths. It says their conduct was “high-handed, callous, and demonstrated a reckless disregard for the lives and safety of shelter guests, including [Capot-Blanc].”

The suit is one of two active lawsuits filed by families relating to deaths at the shelter. Connective also filed a statement of defence in the other lawsuit this month.

A report written by Gabrielle Plonka

Related stories around the North :

Canada : Elder care tops priorities as Nunavut’s new gov’t sits for 1st time, CBC News

Sweden : In protecting the elderly, should Sweden follow Norway’s lead? , Radio Sweden

Finland : Finland’s elder care needs funding boost to meet Nordic standards: researcher, Yle News

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