Members of the Canadian Armed Forces are shown at Residence Yvon-Brunet, a long-term care home in Montreal, Saturday, May 16, 2020. Members of the Canadian Armed Forces working inside long-term care homes could find themselves testifying about the state of those facilities in relation to lawsuits against the institutions. THE CANADIAN PRESS/Graham Hughes

Members of the Canadian Armed Forces are shown at Residence Yvon-Brunet, a long-term care home in Montreal, Saturday, May 16, 2020. Members of the Canadian Armed Forces working inside long-term care homes could find themselves testifying about the state of those facilities in relation to lawsuits against the institutions. THE CANADIAN PRESS/Graham Hughes

Troops could be called to testify in lawsuits against long-term care homes

Damning military reports said troops found cases of abuse and negligence in the homes

Members of the Canadian Armed Forces working inside long-term care homes could find themselves testifying about the state of those facilities in relation to lawsuits against the institutions.

The unusual scenario follows the deployment of hundreds of service members in April and May to more than two-dozen nursing homes in Ontario and Quebec hit hard by COVID-19.

Damning military reports later said the troops found cases of abuse and negligence in the homes, including bug infestations, aggressive feeding of residents that caused choking, bleeding infections and residents left crying for help for hours.

Stephen Birman and Lucy Jackson of Toronto law firm Thomson Rogers are leading a proposed $20-million class-action lawsuit brought against the Altamonte Care Community on behalf of the Toronto home’s residents and their families.

The lawsuit against Altamonte and its parent company, Sienna Senior Living Inc., alleges negligence and breach of duty over a lack of proper protocols and training as well as severe understaffing and a lack of proper equipment before and during the pandemic.

It is one of several court actions brought against long-term care facilities since COVID-19 first hit in earnest in March, ravaging many homes across the country. Nursing home residents and staff account for the vast majority of COVID-19 deaths in Canada.

READ MORE: 36 soldiers test positive for COVID-19 after working in Ontario, Quebec care homes

Birman and Jackson say the troops’ firsthand observations could be critical in proving their clients’ claims against the home, particularly as lockdowns imposed since March have made it difficult to impossible for residents’ families to get into the facility.

“The military is in a position to provide very helpful evidence,” Birman told The Canadian Press.

“They came in as a third party, as an objective observer, and they saw and identified a horrendous and shocking situation that may never have come to the forefront to the extent that it has if not for their involvement.”

The military report on Altamonte includes allegations most residents did not get receive their medication or proper meals and many had been left in bed for long periods without being moved or washed. There were also concerns about staff shortages and training.

Similar observations were made about the other four Ontario facilities, including bug infestations, aggressive feeding of residents and residents being left crying for hours The Quebec report was less critical, but did raise concerns about staff shortages.

None of the allegations in the reports or the proposed lawsuit, which was filed on June 1, have been proven in court.

Birman and Jackson are now collecting information to bolster their case for getting the lawsuit certified as a class action, which involves talking to as many residents, family members, staff as well as military personnel as possible.

READ MORE: Federal aid for care home systems needed ahead of second wave, advocates say

Military spokeswoman Lt. Stephany Lura said military personnel had the same obligation to report to their commanders whatever observations they had while working in the long-term care facilities, as they would with any other mission.

“Like any other Canadian, CAF members may be called upon as witnesses,” she added. “This situation is no different. Our members will receive all necessary support from the Department of National Defence and the Canadian Armed Forces should it be needed.”

While inviting service members to reach out to them, Birman and Jackson suggested service members could also be compelled to provide eyewitness accounts and other information through affidavits and other procedures.

“I would think everybody who’s involved in this important matter would want to hear from the military when this matter makes its way to the courts,” Birman said. “We will do everything we can to gather their evidence so it forms part of the record in this case.”

The military had more than 1,000 service members in 15 long-term care facilities in Quebec and almost 500 in five homes in Ontario last week.

While officials confirmed Sunday that operations at one of those Ontario homes, Orchard Villa in Pickering, had ended, the military appeared poised to deploy into another home in the city of Vaughan, north of Toronto.

“We can confirm that CAF is onsite at Woodbridge Vista today to do an onsite assessment,” said Gillian Sloggett, spokeswoman for Ontario Minister of Long-term Care Merrilee Fullerton.

“We are grateful for CAF’s continued support and we will have more news to share about next steps in the coming days.”

Talks around the continued provision of service members to long-term care facilities in Quebec until September are underway between Ottawa and the provincial government.

— With files from Allison Jones and Salmaan Farooqui in Toronto.

Lee Berthiaume, The Canadian Press


Like us on Facebook and follow us on Twitter.

Want to support local journalism during the pandemic? Make a donation here.

Canadian Armed ForcesCoronavirusSeniors

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

(James Holmes/Contributed)
Kelowna chef to compete on the Food Network’s Fire Masters

Chef James Holmes will compete for $10K on an upcoming episode of Fire Masters

A woman wears a face mask and shield to curb the spread of COVID-19 while walking in North Vancouver, B.C., on Wednesday, January 6, 2021. THE CANADIAN PRESS/Darryl Dyck
57 new cases of COVID-19 in Interior Health region

Thirty people in the region are in hospital, 16 of whom are in intensive care

Fernando’s Pub is set to reopen on May 17 following a lengthy winter closure, allowing Kelowna residents to again enjoy the pub’s famed avocado margarita. (Fernando’s Pub/Facebook)
Downtown Kelowna’s Fernando’s Pub set to reopen after winter closure

Fernando’s has announced it will begin welcoming its patrons back on May 17

Jose Marchand prepares Pfizer COVID-19 vaccination doses at a mobile clinic for members of First Nations and their partners, in Montreal, Friday, April 30, 2021. THE CANADIAN PRESS/Ryan Remiorz
Approximately 2,500 teachers, school staff vaccinated in Central Okanagan

Central Okanagan Teachers’ Association said teachers are thrilled

City of West Kelowna. (Phil McLachlan/West K News)
City of West Kelowna puts more than $35M into infrastructure projects

Sizable investments into road and active transportation network projects

Jose Marchand prepares Pfizer COVID-19 vaccination doses at a mobile clinic for members of First Nations and their partners, in Montreal, Friday, April 30, 2021. The National Advisory Committee on Immunization is coming under fire after contradicting the advice Canadians have been receiving for weeks to take the first vaccine against COVID-19 that they’re offered. THE CANADIAN PRESS/Ryan Remiorz
Trudeau says he is glad he got AstraZeneca, vaccines are only way out of pandemic

‘The most important thing is to get vaccinated with the first vaccine offered to you’

B.C.’s provincial health officer, Dr. Bonnie Henry. THE CANADIAN PRESS/Jonathan Hayward
Dip in COVID-19 cases with 572 newly announced in B.C.

No new deaths have been reported but hospitalized patients are up to 481, with 161 being treated in intensive care

Join Black Press Media and Do Some Good
Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

(Kingfisher Boats photo)
In the market for a boat in the North Okanagan? Be prepared to wait

Vernon’s Kingfisher Boats is out of 2021 models, with many 2022 models already pre-sold

Solar panels on a parking garage at the University of B.C. will be used to separate water into oxygen and hydrogen, the latter captured to supply a vehicle filling station. (UBC video)
UBC parkade project to use solar energy for hydrogen vehicles

Demonstration project gets $5.6M in low-carbon fuel credits

FILE – A student arrives at school as teachers dressed in red participate in a solidarity march to raise awareness about cases of COVID-19 at Ecole Woodward Hill Elementary School, in Surrey, B.C., on Tuesday, February 23, 2021. THE CANADIAN PRESS/Darryl Dyck
B.C. ‘should be able to’ offer 1st dose of COVID vaccine to kids 12+ by end of June: Henry

Health Canada authorized the vaccine for younger teens this morning

A woman in the Harrison Mills area was attacked by a cougar on Tuesday, May 4. B.C. Conservation Officers killed two male cougars in the area; the attack was determined to be predatory in nature. (File photo)
2 cougars killed following attack on woman in Agassiz area

Attack victim remains in hospital in stable condition

A woman wears a face mask and shield to curb the spread of COVID-19 while walking in North Vancouver, B.C., on Wednesday, January 6, 2021. THE CANADIAN PRESS/Darryl Dyck
B.C. CDC updates info, acknowledging small respiratory droplets can spread COVID-19

Large droplets, not aerosols had been fixture of public health messaging for many months

Most Read