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

Just Posted

Lincoln Mckoen. (YouTube)
Anglican bishop of the central Interior resigns over sexual misconduct allegations

Lincoln Mckoen was elected as a bishop of the Territory of the People region last year

Nazko Chief Leah Stump (left) leads a march on Sidney Boyd’s birthday. The Quesnel man went missing 60 days ago. (Cassidy Dankochik Photo - Quesnel Cariboo Observer)
Family continues search for Quesnel man more than 60 days after he disappeared

Sidney Boyd was last seen in early April in downtown Quesnel

Quesnel Fire Department members put foam on a gold sedan on June 21. (Cassidy Dankochik Photo - Quesnel Cariboo Observer)
Car catches fire at South Quesnel business parking lot

A gold sedan was briefly engulfed at Hilltop Liquor before emergency crews extinguished it

Quesnel Search and Rescue are looking north of Dunkley for a missing 70-year-old man. (Google Maps)
Rescuers battling difficult terrain in search for missing Quesnel 70-year-old

Quesnel SAR president Bob Zimmerman said searchers are looking near Dunkley for the man

(File Photo)
Police watchdog clears 100 Mile RCMP of wrongdoing after man dies in Williams Lake shelter

The man had been in custody at 100 Mile RCMP detachment prior to being taken to Williams Lake

The border crossing into the United States is seen during the COVID-19 pandemic in Lacolle, Que. on February 12, 2021. THE CANADIAN PRESS/Paul Chiasson
VIDEO: Border quarantine to soon lift for fully vaccinated Canadians

Eligible travellers must still take multiple COVID-19 tests

Robin Sanford and her fiance Simon Park were married in an impromptu ceremony at Abbotsford Regional Hospital on June 16. (Submitted photo)
Mom dies day after witnessing daughter’s hospital wedding in Abbotsford

Nurses help arrange impromptu ceremony in 3 hours for bride and groom

B.C. Finance Minister Selina Robinson with Premier John Horgan after the budget speech Tuesday, April 20, 2021. THE CANADIAN PRESS/Chad Hipolito
B.C. home owner grant won’t be altered, despite expert advice

Tax break for residences worth up to $1.6 million too popular

B.C. conservation officer Sgt. Todd Hunter said a black bear is believed to have killed local livestock. (THE NEWS/files)
Black bear believed to have killed miniature donkey in Maple Ridge

Trap set for predator that has been killing livestock

Penticton mayor John Vassilaki and Minister of Housing David Eby have been battling over the Victory Church shelter and BC Housing projects in the city. (File photos)
Penticton heads to court over homeless shelter as BC Housing audit begins

The city was not satisfied with the response from Minister David Eby regarding the ongoing situation

People enjoy the sun at Woodbine Beach on June 19, 2018. THE CANADIAN PRESS/ Tijana Martin
BC Hydro assures customers it has ‘more than enough’ power to weather the heatwave

Despite an increase of pressure on the Western grid, blackouts are not expected like in some U.S. states

Air Canada planes sit on the tarmac at Pearson International Airport during the COVID-19 pandemic in Toronto on Wednesday, April 28, 2021. THE CANADIAN PRESS/Nathan Denette
Pilots say no reason to continue quarantines for vaccinated international travellers

Prime minister says Canada still trying to limit number of incoming tourists

Val Litwin is the latest candidate to declare his bid for the B.C. Liberal leadership. (Litwin campaign video)
Political newcomer joins contest for B.C. Liberal leadership

Val Litwin a former B.C. Chamber of Commerce CEO

Golden Ears Mountains, captured in May 2021. (Black Press Media files)
2nd year of day passes required for entry into 5 provincial parks launches in B.C.

Pilot program seeks to protect the environment by addressing visitor surges amid the COVID-19 pandemic

Most Read