Resident tied to a radiator, padlocked fire escapes in Emerald Lodge final days

An Emerald Lodge resident found tied to a radiator with a knitted blanket. Padlocked fire escapes. Rodent feces in several places in the kitchen as well as a cockroach infestation. No functioning washrooms for more than 30 residents.

This is the horrifying picture of neglect, disrepair and dysfunction that is emerging from the final days of Emerald Lodge before it was evacuated in late October, based on the accounts of a court-appointed receiver and one of the agencies that took in displaced residents.

The allegations go on to include: 18 broken windows, no functioning smoke detectors or carbon monoxide detectors, not enough beds in the home to provide each of the residents with a bed of their own, a medication room that had been broken into and drugs, including narcotics, that had been removed.

And an administrator who was missing in action, according to the first receiver's report which has been filed in court.

Emerald Lodge, owned and operated by the Martino families, was a residential care facility subsidized by the city that was home to about 37 people, most with disabilities and low incomes.

The Martino families own nine retirement homes and residential care facilities in Hamilton, including the now-closed Rosslyn Retirement Home, site of a COVID-19 outbreak in May that killed 16 and sent more than 60 to hospital. The Rosslyn's licence has been revoked and the Martinos are appealing the revocation.

Brothers Aldo Martino and the late John Martino previously owned the Royal Crest Lifecare chain of care homes until it collapsed into bankruptcy in 2003, leaving Ontario taxpayers on the hook for $18 million.

The Martino families' did not respond to a request for comment made through their lawyer.

Emerald Lodge was placed in receivership in late September and the receiver, Grant Thornton LLP, contracted Stefanie Martino, the home's administrator, to continue operating the facility.

But within a month, the condition of Emerald Lodge deteriorated rapidly and the home was evacuated on Oct. 23.

During the week of Oct. 12, the receiver became aware of several orders that had been issued against Emerald Lodge by the city for inadequate COVID screening, urgent repairs that needed to be made, and a cockroach infestation in the food storage area.

The receiver corresponded with Stefanie Martino about the need to make immediate operational changes" to address the orders and Martino said she would deal with them.

However, following this correspondence, the receiver was unable to reach Stefanie Martino by phone for a period of eight days starting on the afternoon of Oct. 13, 2020," according to the receiver's report, which was prepared by Rob Stelzer of Grant Thornton LLP.

Certain employees advised that she did attend the property three times during the week of Oct. 12, 2020, but these visits were brief, and the matters referenced in the city orders were not addressed by Stefanie Martino, nor were the urgent capital repairs," the report states.

As a result of Stefanie Martino's inability or refusal to take immediate action to address the city orders, the receiver reached out to more than 10 experienced operators and asked the city for assistance in order to find a replacement operator for the home on an expedited basis.

Due to the receiver's lack of confidence in Stefanie Martino as a result of her absence and lack of diligence, the receiver formally terminated her effective as of Oct. 23, 2020," the report states.

Stefanie Martino did not respond to a request for comment made through the Martinos' lawyer.

Eventually, the Good Shepherd Centres agreed to assist but the organization wanted to learn more about the state of the facility.

Two days before Emerald Lodge was evacuated, staff from the Good Shepherd arrived at the home. According to Brother Richard MacPhee, CEO of Good Shepherd Centres, they found one of the residents tied to a radiator with a knitted blanket.

Staff at Emerald Lodge said the resident had been tied up by one of the other residents at the home because he was wandering around all the time, according to MacPhee.

We immediately got that person out of there," MacPhee said.

The following day, Good Shepherd staff found there was only one functioning washroom at Emerald Lodge. And then on the Friday (the date of evacuation) when we went back in, there were no functioning washrooms," MacPhee alleged.

When the receiver took over Emerald Lodge, the home had nine employees. By Oct. 19, there were only six employees remaining. The rest had left without notice.

There were not enough staff to be able to provide an adequate level of care on a long-term basis," according to Stelzer's report.

Based on an assessment done by the Good Shepherd, the receiver states, more than 15 of the residents had high psychiatric care needs which exceeded the level of care which Emerald Lodge was able to provide."

In an interview, MacPhee said he estimated the average Emerald Lodge resident was taking 10 different medications per day. In one case, MacPhee said, a resident was taking 16 different medications daily.

Obviously there were many people in there who were complex," MacPhee said.

The medications provided to Emerald Lodge residents were supplied by Riverview Pharmacy which is located in the same King Street East building that houses North American Living Centres, a company long associated with the Martino families. MacPhee said the Good Shepherd terminated the medication agreement with Riverview Pharmacy for the residents that are now being housed by the Good Shepherd.

In an interview, Rafik Lotfi said he is the president and sole owner of Riverview Pharmacy.

Lotfi said Riverview Pharmacy also supplies medications to residents in six other Martino homes - Cathmar Manor, Dundas Retirement Place, Victoria Manor I and II, Northview Seniors Residence, and Sheridan Lodge in Brantford.

Lotfi stated adamantly that he is not connected to the Martino families.

I don't have anything to do with the Martino family," said Lotfi. They own the homes and I serve the homes and that's why everything is black and white. I don't know anything about what they do in the other side of the business."

In his report, the receiver noted that Riverview Pharmacy has a right of first refusal agreement filed on title with the Emerald Lodge property. The agreement gives Lotfi the right to match any offer if a sale of the property is arranged.

The receiver will be appearing in court Nov. 27 asking a judge to declare Riverview Pharmacy's right of first refusal agreement null and void.

The receiver states the Martinos' company received no financial consideration" when it agreed to the right of first refusal. The agreement does not reflect a commercially reasonable or rational business arrangement," the receiver states.

The agreement is also a serious impediment" to selling the property, the receiver states, because potential purchasers will be scared off if they believe Lotfi will exercise his right of first refusal.

The city has already stated it won't provide a licence or any further subsidies for residents for the foreseeable future" if Emerald Lodge tries to reopen as a residential care facility.

Lotfi said he wanted the right of first refusal agreement as a way to ensure that he would be able to continue supplying medications to the home's residents.

He also said he has similar right of first refusal agreements with the other six Martino homes served by Riverview Pharmacy.

Lotfi said he is unsure if he will challenge the receiver's bid to nullify the agreement.

My lawyer yesterday told me (I have) a very weak case," Lotfi said.

Steve Buist is a Hamilton-based investigative reporter at The Spectator. Reach him via email: sbuist@thespec.com