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Ford government faces legal action over licence to long-term care home with 'highest' COVID-19 death rate

Ford government faces legal action over licence to long-term care home with 'highest' COVID-19 death rate

CBC
Tuesday, February 13, 2024 06:44:17 PM UTC

The Ontario Health Coalition has taken legal action against the province of Ontario over the granting of a new 30-year licence to Southbridge Care Homes — a for-profit company that owns Orchard Villa, where more than 70 residents died during the first wave of the COVID-19 pandemic.

It's hard to think of what happened at Orchard Villa without getting emotional, said Natalie Mehra, executive director of the health-care advocacy group at a news conference on Tuesday.

"In case people have forgotten, it's one of the most notorious long-term care homes in the country — 206 of 233 residents contracted COVID-19, almost everyone, and more than 70 died," Mehra said. 

"At a death rate of 30 deaths per 100 residents that would make it among the highest, if not the highest death rate in Ontario during the pandemic."

The coalition's lawyer, Steven Shrybman, said they've asked the Superior Court of Ontario for a judicial review to set aside a decision by the Ministry of Long-Term Care to approve a proposal by Southbridge Care Homes to build and operate a new long-term care home on the site of the current Orchard Villa. 

"The home would be substantially larger than the one it would replace and would be licensed for a period of 30 years," Shrybman said. "So the first request is to review and set aside the decision and approval that the ministry has given to this project."

The coalition is also asking the court to prohibit the ministry from taking any further steps to facilitate the project, including by providing any capital funding for it.

Additionally, the Ontario Health Coalition is seeking "a declaration from the court that the ministry acted unlawfully in approving the Southbridge project."

Shrybman said the notice of application filed with the court sets out the grounds upon which remedies are being sought. Both sides have agreed on Oct. 14 as the date for a hearing and a decision is expected by the end of the year, Shrybman said.

CBC News has reached out to Southbridge Care Homes and the Ministry of Long-Term Care for comment.

Cathy Parkes, whose father was a resident at Orchard Villa and died on April 15, 2021 during the first wave of COVID-19, says she saw firsthand how the home was being run. 

"I'm at a loss for words as to how this home can be granted a licence to go ahead with the new build not only for an extra 87 beds, but the potential of over 800 beds," Parkes said at the news conference.

"When you look at their record, at the incident reports that are publicly available, you can see that they were having trouble before the pandemic. You can see from the military report and the news reports what happened during the pandemic, and then that has not been corrected."

Parkes said the incident reports are "quite detailed."

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