Newmarket resident files $100M lawsuit due to cancellation of on-site senior care program

Health Ministry, Region of York named in class action suit

Yorkregion.com
March 22, 2014
By Sean Pearce

A Newmarket resident has filed a $100-million lawsuit against the Central Local Health Integration Network, the Ministry of Health and Long Term Care and York Region stemming from the looming discontinuation of the Liberal’s Alternative Community Living program.

A copy of a statement of claim dated March 19 naming Robert Weidenfeld as plaintiff was dropped off at the York Region Media Group’s Newmarket office Friday afternoon.

In it, Mr. Weidenfeld describes himself as an “older adult past the legal age of retirement” and also notes his intention to certify the lawsuit as a class action against the defendants with him acting as representative of all older adults in the region.

There is no specification of general damages except to say that they will be set out at a later time and following an independent evaluation “as specified by the court, following the undue, unconscionable and unconstitutional withdrawal of on-site health care services to seniors residing in retirement buildings managed by (the region)”.

The statement goes on to seek aggravated, exemplary and punitive damages against all defendants in the amount of $100 million for a variety of reasons, which it says will be distributed evenly among the seniors receiving ACL.

It further alleges that the defendants committed “a breach of contract” by moving to do away with on-site 24/7 care and later alleges violations of the seniors’ constitutional rights and alleges the defendants “committed misfeasance and/or nonfeasance”.

“My life experience has taught me that one must hope for the best and prepare for the worst,” Mr. Weidenfeld said in an open letter to Newmarket-Aurora MPP Frank Klees.

“Having realized that the time for speeches, talks among community members and letters from seniors and their families and/or friends has passed a long time ago with no results, I decided to act in the only place that I believe has the highest probability to produce a positive result before the minister’s financial axe falls April 1; a terrible macabre joke on April Fools Day," Mr. Weidenfeld said.

The documents also indicate Mr. Weidenfeld plans to make an emergency motion at the Ontario Superior Court of Justice in Newmarket Tuesday at 9:30 a.m.

In response, the region’s director of corporate communications, Patrick Casey, would only say legal counsel is reviewing the documents, adding the region is not prepared to provide any further comment at this time.

The legal filing is the latest chapter in an ongoing saga that began in January after seniors at several assisted living residences learned they would be losing on-site care through the region’s ACL program effective April 1 and would instead be receiving care through a “hub-and-spoke” model from CHATS and CareFirst where help outside of scheduled visits could be up to 15 minutes away.

Several clients with a variety of health issues voiced concerns to the media.

After yorkregion.com spoke to Health Minister Deb Matthews about the issue, her ministry announced a meeting last weekend a one-month extension to on-site care.

That same day, Mr. Klees tabled a motion that, if passed, will preserve 24/7 on-site care and direct the Central LHIN to conduct a fulsome review of the financial and human impacts of the upcoming change. His motion is to be debated May 8.