City of Hamilton evacuating care facility owned by the same family that owns the Rosslyn

A Hamilton residential care facility owned by the same family that owns the Rosslyn Retirement Residence was evacuated Friday, the city says.

In a release late Friday afternoon, the City of Hamilton said it was responding to a deteriorating situation" at Emerald Lodge, a residential care facility (RCF) located at 83-85 Emerald St., near Main Street and Victoria Avenue. The facility's approximately 35 residents were being relocated to the nearby former Cathedral Boys' School for assessment" - though it's not clear where they would go next.

Throughout the week the situation at Emerald Lodge has become increasingly untenable and unsafe for residents and staff," the release states. This afternoon - at the request of the receiver for the lodge ... - the city will begin the orderly and safe relocation of Emerald Lodge residents."

The city says it will work with community service partners to assess and ensure the individual needs of residents are met and find long-term housing alternatives."

Recent inspections of the facility uncovered a pest infestation in a food storage area" among other serious concerns," the release states.

Serious concerns included the absence of on-site management supervision of the facility; the state of repair of the facility; the safety and security of staff and residents; staffing levels; inadequate infection prevention and control measures; and the overall inability of the operator to meet the complex needs of residents," states the release.

The city says it ramped up inspections - bylaw, the Hamilton fire department and public health services all inspected the home - after reports the RCF was going into receivership.

Emerald Lodge is currently owned by the Martino family, and Stefanie Martino was serving as director and officer. The city says the appointed receiver, Grant Thornton Limited, terminated the operator of the lodge on Friday.

The Spectator reported Oct. 1 - the same day the city's inspections began - that the residential care facility owned by the Martino family, which also own the Rosslyn, had been placed in receivership. At that time, it was soon to be put up for sale.

Earlier this week, the Martino's lawyer confirmed to The Spec the Rosslyn is part a sale of multiple facilities."

Prior to receivership, the numbered company that operates Emerald Lodge, which houses people with disabilities and low incomes, had defaulted on mortgage payments for three out of the past four months, according to an affidavit filed in court by the company's principal lender, Alterna Savings and Credit Union.

A lawyer for the Hamilton Community Legal Clinic said Friday she was unsurprised" to learn Emerald Lodge was being evacuated.

It's unsurprising given that this lodge has had a history of failing to bring health and safety standards and property standards up to the minimal requirements," said lawyer Stephanie Cox. There have been complaints historically by tenants who have felt mistreated and discriminated against by staff."

Cox said she was glad to see the city taking action.

The city says inspections resulted in several orders and notice to the operator that the RCF licence would not be renewed at end of the month."

The Martinos own and operate the Rosslyn, a King Street East retirement home that was evacuated in May amid a horrific COVID-19 outbreak. Nearly all residents were relocated to hospital during the emergency evacuation - a chaotic one that saw one resident inadvertently left behind.

A total of 64 Rosslyn residents and 22 staff were infected with COVID. Sixteen residents died. The home's licence was later stripped. The Rosslyn is appealing that decision.

A request for comment from the Martino's lawyer went unanswered late Friday.

Katrina Clarke is a Hamilton-based reporter at The Spectator. Reach her via email: katrinaclarke@thespec.com