How You Can Help
If you have a relative in a long term care facility about whose care you are concerned, you can:
CONTACT THE INSPECTION BRANCH AND MINISTRY OF LONG TERM CARE
Call the long term care action line and ask that Ministry of Long Term Care inspectors investigate your complaint - 1-888-321-0339 (toll free) or 416-597-0339 (in Toronto);
Compliance and Enforcement Managers by Region are:
Central - Senior Manager (Acting) Alain.Plante@ontario.ca
Eastern - Senior Manager (Acting) Tammy.Szymanowski@ontario.ca
Western - Senior Manager (Acting) Andrew.Wisdom@ontario.ca
Write a complaint letter to the Director of the Long Term Care Inspection Branch and copy your local MPP -
Brad Robinson, Acting Director, Long Term Care Inspection Branch,
11th Flr, 1075 Bay St, Toronto, ON M5S 2B1 416-212-6707 Brad.Robinson@ontario.ca
Copy the Assistant Deputy Minister of Long Term Care, Long Term Care Operations Division -
Sheila Bristo 11th Flr, 1075 Bay St, Toronto, ON M5S 2B1 416-518-4548 Sheila.Bristo@ontario.ca
CONTACT THE OFFICE OF THE OMBUDSMAN - LONG TERM CARE RESPONSE TEAM
If not resolved, send your complaint to the Office of the Ombudsman, Paul Dube - 1-800-263-1830 email@example.com
CONTACT THE PATIENT OMBUDSMAN
Contact the Patient Ombudsman - Craig Thompson -Toronto: 416-597-0339 Toll free: 1-888-321-0339 Box 130, 77 Wellesley St. W. Toronto, ON M7A 1N3 online complaint form - https://www.patientombudsman.ca/Portals/0/documents/complaint-form-en.pdf
CALL, WRITE AND VISIT YOUR MPP'S OFFICE
Visit your MPP's office. They are usually in their Constituency Offices on Fridays - find out who your MPP is by typing in your postal code - https://www.elections.on.ca/en/voting-in-ontario/electoral-districts.html
CONTACT THE ONTARIO HUMAN RIGHTS COMMISSION
If you believe that your loved one has been subjected to Human Rights violations in their care facility because of race, age, disability, sex, or sexual orientation you can file a complaint with the Ontario Human Rights Commission - Tel: (416) 597-4900
Toll Free: 1-866-625-5179 180 Dundas Street West, 8th Floor Toronto (Ontario) M7A 0A1
RETAIN A LAWYER TO ENFORCE YOUR LOVED ONE'S RIGHTS
If you believe that someone's Constitutional Rights have been violated, contact the Justice Centre for Constitutional Freedoms - https://www.jccf.ca/
You can also retain your own lawyer or join class action lawsuits currently underway in Ontario.
Some firms that have filed class actions are:
Rochon Genova - Joel Rochon - ($600 million class action against Sienna and the City of Toronto for breach of fiduciary duty and violation of residents' Charter Rights) https://www.rochongenova.com/Lawyers/Joel-Rochon.shtml
Diamond and Diamond LLP - Darryl Singer - (against Sienna and Revera - $120 million lawsuit) https://diamondlaw.ca/
Howie Sacks - https://www.hshlawyers.com/expertise/nursing-home-negligence/
Neinstein LLP - Rose Leto (against Chartwell) - https://neinstein.com/
Rosen Sunshine LLP - (filed against Orchard Villa, Pickering and Sienna) https://rosensunshine.com/
Will Davidson - https://www.willdavidson.ca/will-davidson-llp-continues-investigations-at-long-term-care-homes/
For those considering being part of a class action lawsuit, here is another option for you:
Class Action Clinic at Windsor Law - https://classactionclinic.com/about/
IF YOU HAVE THE FUNDS AND WISH TO RETAIN A LAWYER TO FORCE THE GOVERNMENT TO ENFORCE ITS OWN LEGISLATION THROUGH A WRIT OF MANDAMUS, CONTACT LAWYERS FAMILIAR WITH ADMINISTRATIVE LAW.
What is the Prerogative Writ of Mandamus?
Mandamus is a royal prerogative writ involving a petition made to the sovereign, in Canada in the form of her Superior Court Justices, to force a lower court or government official to perform a public duty that is being refused. Because it forces future action, and doesn't retroactively undo decisions that have already been made, it's often used in combination with the writ of certiorari which will vacate an earlier decision prior to mandamus compelling a future action.
Why Seek Mandamus?
Mandamus forces a lower court or official to do something that is being refused.
These have often been used in immigration law but may be applied in long term care as well.
Individuals can also employ a lawyer to seek judicial review of government decisions.
"Judicial review is the process by which the courts oversee administrative decision-makers to ensure that their decisions are legal and are within their conferred powers. Essentially, the courts may review and grant relief regarding an administrative decision where the decision-maker exceeded its statutory mandate or breached the principles of procedural fairness." Procedural fairness can be said to be in question when there is procedural impropriety, illegality, unreasonableness and unconstitutionality. (Ontario Bar Association - Your First Judicial Review, May 7, 2013).
THIS SITE DOES NOT INTEND TO PROVIDE LEGAL ADVICE - PLEASE CONSULT ANY MEMBER OF THE PRIVATE BAR CONCERNING THE POSSIBLE FILING OF A WRIT OF MANDAMUS.
Here's an example:
"Increasingly frustrated by the apparent reluctance of Alberta Health Services and the Alberta Government to enforce the Nursing Home Act and its required-staffing regulations, United Nurses of Alberta has taken the unusual step of going to court to force the province to enforce its own law. UNA asked the Alberta Court of Queen’s Bench yesterday to issue a writ of mandamus in the case of a nursing home in the town of Athabasca.The writ would order the province to enforce the Nursing Home Act and its Regulations, which require the presence of a Registered Nurse in a facility legally defined as a nursing home ."