Oshawa MPP slams defeat of her motion to increase accountability of long term care homes in Queen’s Park

Summing up her feelings as “disappointed, but not surprised,” Oshawa MPP Jennifer French lambasted the Provincial government for the defeat of her motion to increase accountability in Ontario’s long term care homes.

Durham Region’s long term care homes suffered greatly throughout the COVID-19 pandemic. Pickering’s Orchard Villa holds the unfortunate distinction of losing so many residents it was one of five Ontario long term care home the Canadian Armed Forces were brought in to assist.

Through the first wave of the COVID-19 pandemic 78 Orchard Villa residents died of either the virus or neglect, more than one third of the 233 residents. In one case a resident died by choking on their food after they were fed while lying down, as detailed in the CAF report.

The CAF also detailed horrendous sanitation conditions. Food and garbage was left out to rot, cockroaches visibly roamed the halls and rooms. Care was heavily compromised as residents were left in soiled diapers, injuries such as a suspected broken hip, were not investigated and numerous residents fell, but were not given proper assessments afterward.

Then-LTC Minister Merillee Fullerton, an Ottawa-area MPP, was later shuffled off the portfolio to Children, Community and Social Services the following June. She was replaced with Ajax MPP Rod Phillips in his return to cabinet following his resignation from his Finance post when it came to light he broke health orders to vacation in St. Barts.

Orchard Villa lost more patients in the first wave than almost any other LTC home in Ontario. Four other homes in Brampton and Toronto required military aid.

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Ballycliffe Lodge in Ajax saw the second most loss of life in Durham Region with 31 dead by the end of it’s first outbreak. The home is one 16 now in the midst of a $446.5 million sale to AgeCare Health Services Inc. and Axium Infrastructure Inc.

Across Ontario more than 4,300 LTC  patients died of COVID-19 as of April 3, more than one third of all deaths. Roughly half of a per cent of Ontario’s overall population live in LTC.

Both of these homes face class-action lawsuits by the families of those who died in the home’s care. Plaintiffs suing Orchard Villa seek a $40 million in damages and plaintiffs suing Ballycliffe seek $30 million.

Schlegel Villages is also the subject of lawsuits. Schlegel operates numerous homes in Durham Region such as in Whitby and a new home coming to Ajax.

CEO James Schlegel is a prolific Progressive Conservative donor. He sent $50,000 to the PC party and another $20,000 to future Minister of Health Christine Elliott’s 2018 campaign. He was later assigned to Ontario’s Incident Management System (IMS) Long-Term Care Table which spurred criticism.

All these lawsuits allege negligence and gross negligence against the companies in their respective statements of claim. The Ford Government passed Bill 218 in November 2020, providing LTC homes with increased liability coverage for lawsuits up to gross negligence. The move cast increased doubt on the ongoing lawsuits as plaintiffs now had to prove gross negligence, a higher burden of proof.

After the first wave the Ontario Government passed the Fixing Long Term Care Act pursuing reforms in December 2021. The Act sought to increase care time times to four hours a day and increased funding to numerous homes.

The Act came under heavy fire from the opposition and local activists for it’s embrace of for-profit homes, including some of those discussed in the CAF report like Orchard Villa, which applied for funding for a new building. Phillips seemingly confirmed the plan was a go in a radio interview.

French long campaigned for more oversight of the Long Term Care portfolio, now overseen by Paul Calandra, who pulls double duty in addition to his role as House Leader. Phillips resigned his cabinet post for the second time in January, later leaving Ajax’s seat in Queen’s Park unfilled.

In her efforts French protested alongside the families of those who dies in Orchard Villa and has pushed the Government to increase services. Most recently she tabled a private members motion which aimed to, “commit to a strategy to improve accountability and care for aging Ontarians in long-term care and retirement homes, including;

• involving family councils in care decisions;
• incorporating individualized care plans that consider the cognitive, behavioural, cultural, psychological, nutritional and physical needs of residents;
• ensuring that payments of fines and penalties incurred by for-profit providers cannot come from funds transferred to agencies by the province; and
• ensure that the proactive inspection criteria will at least meet the criteria of the cancelled Resident Quality Inspections (RQI) and clearly outline the protocols for such inspections.

“The loss in my area is still fresh,” French told Queen’s Park in introducing her private member’s motion. It’s seems like only yesterday I started hearing from those who died in Orchard Villa.”

“Much of the healing is still yet to happen for families still fighting a powerful money-making machine,” she continued, “This government has locked in for-profit care agreements for a whole generation of seniors with bad operators.”

“The damage Mike Harris did will pale in comparison to the harm that is coming because of these for-profit deals and the lack of accountability for residents and families.”

Queen’s Park voted on the motion the following week with the PC members defeating French’s call for LTC reforms. In his member statement that day Whitby MPP Lorne Coe stressed government commitments to pour $673 million into LTC to increase staffing levels this year. Whitby is set to receive $5 million and Oshawa $3 million.

Much of the funding is earmarked to go to for-profit homes, including some subject in the military report, which studies indicate have worse health outcomes and much higher risk of death than government operated homes.

In Whitby, most of the money is set for regionally-run homes. However, more than $1 million is being sent to the for-profit Village of Taunton Mills operated by Schlegel Villages.

Coe would join other Durham-area MPPs Laurie Scott (Brock), and David Piccini (East Clarington) in voting against French’s call for additional oversight.

Ajax is no longer represented in Queen’s Park following Phillips’ resignation. Durham MPP Lindsay Park was ousted from the party when she declined to vaccinate and now sits as an independant. Pickering-Uxbridge MPP Peter Bethlenfalvy remain isolated after testing positive for COVID-19 after a busy week touring the province.

“Families and seniors deserve so much better than this,” French concluded.