Extendicare faces $210-million class action lawsuit over COVID response
A $210-million class action lawsuit has been launched against 71 Extendicare long-term care homes in Ontario, including two in Hamilton, over the chain's handling of the COVID-19 pandemic.
The lawsuit alleges Extendicare failed to protect residents" at the homes through inadequate preventative and responsive measures to the COVID-19 pandemic," leading to serious injuries and deaths.
The defendants were aware that the (residents) were vulnerable individuals and especially vulnerable to serious or fatal complications arising from contracting COVID-19," the lawsuit alleges.
Furthermore, the defendants were aware that the (residents) were dependent on the defendants for proper care, treatment and protection, especially from contracting COVID-19, during the pandemic period when they were not able to have direct contact with outsiders."
None of the allegations in the statement of claim have been proven in court and a judge must still certify the class action before the lawsuit can proceed.
In a statement, Extendicare said Our focus at this time is solely on providing quality care to our residents, and supporting our families and team members."
Our hearts are with our community and those who have lost loved ones to this virus during this immensely challenging time," Extendicare stated. We'll respond to the allegations through the appropriate legal channels in due course."
Members of the proposed class include all residents who lived in Extendicare's Ontario homes during the pandemic and family members, if the resident is now deceased.
The lawsuit targets 35 Ontario long-term care homes owned and operated by Extendicare and 36 homes managed by the company.
Extendicare Hamilton at 90 Chedmac Dr. on the Mountain has 180 licensed beds while Blackadar Continuing Care Centre on Creighton Road in Dundas has 80 licensed beds.
The lawsuit alleges Extendicare Hamilton has received 93 written notices and 10 compliance orders since 2015 for violations reported by the province's Ministry of Long-Term Care while Blackadar has received 63 written notices and 16 compliance orders since 2015.
In August, a ministry inspection report for Extendicare Hamilton notes the home was issued two orders to comply, 13 written notifications and 11 voluntary plans of correction, which set out how the home will achieve compliance for certain deficiencies.
In October, an inspection report for Blackadar lists one order to comply, six written notifications and four voluntary plans of correction.
Among the dozens of specific allegations in the lawsuit:
- Extendicare allegedly failed to implement a proper infection prevention and control program;
- Extendicare allegedly failed to follow acceptable practices regarding the prevention and containment of contagious respiratory illnesses" such as COVID-19;
- The company allegedly failed to properly train staff in infection prevention and control;
- The homes allegedly failed to hire sufficient and adequate staff to provide proper care, supervision and treatment to the residents;
- The homes allegedly failed to maintain adequate screening and testing measures for visitors, residents and staff;
- The homes allegedly failed to adhere to public health orders and directives regarding visitors.
The two long-term care homes in Ontario with the highest number of COVID-related deaths are Tendercare in Scarborough, with 73 deaths, and Orchard Villa in Pickering, with 70 fatalities. Both homes are managed by Extendicare.
According to the lawsuit, Extendicare has allegedly received approximately $104 million from the federal and provincial governments to respond to the COVID-19 pandemic.
On May 14, 2020, the defendant Extendicare (Canada) Inc. committed to pay $10.7 million in dividends to its shareholders for its first quarter of 2020," the lawsuit alleges, while only spending approximately $300,000 of the company's own money on its response to the COVID-19 pandemic"
The lawsuit was initiated by the Will Davidson LLP law firm in Oakville and Toronto's Thomson, Rogers law firm.
Steve Buist is a Hamilton-based investigative reporter at The Spectator. Reach him via email: sbuist@thespec.com