An Ontario woman whose father died at a Pickering long-term care home is taking the province to court over its decision to grant a licence to redevelop and expand the home.
Cathy Parkes became an advocate for the families of Orchard Villa residents after her father was one of 70 residents who died there in early 2020 during the first wave of the pandemic.
Orchard Villa required assistance from the Canadian Armed Forces at the height of COVID-19. The military documented neglect, poor infection prevention and control, filthy conditions, including a cockroach infestation, and alleged a resident had died from being improperly fed.
The owner, Southbridge Care Homes, applied for and was granted a licence to expand the home and operate it for another 30 years. Families who lost loved ones there campaigned against it, but the ministry granted Southbridge's licence late last year.
Last summer, then-housing minister Steve Clark issued a minister's zoning order (MZO) to greenlight the physical expansion of the facility to include 832 long-term care beds and a retirement home with a maximum capacity of 670 units, against the wishes of the local city council.
The Ontario Health Coalition, which campaigned against the licence, has joined with Parkes in seeking a judicial review of the government's decision.
"Orchard Village has not infrequently been described as the most notorious long-term care home in the province," their legal filing says. "Since being acquired by Southbridge investment in 2015, its record is one of chronic non-compliance with the (Long-Term Care Act) and regulations and of causing untoward harm to the elderly and frail residents entrusted to its care."
Their lawyer, Steven Shrybman of Goldblatt Partners, said they are arguing that the minister of long-term care and director responsible for granting the licence broke the province's long-term care law, which states that a licence can only be granted if it is in the public interest and if it's determined, based on the recipient's record, that it can be expected to comply with the long-term care law and regulations and provide proper care to residents.
"In our view, it is extremely difficult to imagine that this project could satisfy either of those two fundamental conditions," said Shrybman.
The suit also alleges the government failed to consult on the licence fairly.
Southbridge Care Homes LP owns 27 long-term care homes in Ontario, many of which are operated by Extendicare, another for-profit company. According to an OHC analysis, Ontario had the highest rate of COVID-19 deaths in the province.
According to the government's long-term care licence consultation website, Southbridge is undergoing eight other redevelopment projects.
Premier Doug Ford defended the decision to allow Southbridge to expand its Pickering home, saying the province was correcting the problems that occurred during the pandemic.
"We have more inspectors going in and we're modernizing all the facilities," he said.
A spokesperson for Long-Term Care Minister Stan Cho echoed that.
"The people of Pickering deserve a new, modern long-term-care home, where currently hundreds of people are waiting for care," said Daniel Strauss, the long-term care minister's spokesperson.
"Our government believes in building Ontario’s long-term care capacity, not reducing it. To do this, we have invested a historic $6.4 billion to build 58,000 new and upgraded long-term-care spaces. It was our government that brought in the most robust safety requirements in North America in the Fixing Long-Term Care Act. All proposed license extensions must undergo a rigorous undertaking process to show they can meet these new high standards, as is the case with the proposed Pickering development."
Parkes, however, disagreed, saying the problems at Orchard Villa have persisted, and inspection reports show the home has been frequently cited and warned. Still, the government hasn't followed through with fines.
"So that just sends the message that they can do whatever it is that they want," she said.
"I can tell you, from talking to family members and people who are still in there right now, things are worse — that's a quote from a family member — things are worse than they were before the pandemic."
The Trillium has reached out to Southbridge for comment.
