Workers at Winnipeg long-term care home sexually abused senior, daughters’ lawsuit alleges

Posted on October 12, 2024 by Peggy

WARNING: This article contains details of abuse.

A lawsuit filed by two women alleges their 88-year-old father, who suffered from dementia, was sexually assaulted by two health-care aides at a long-term care home in Winnipeg, and that the family only learned about the abuse when the allegations were made public by whistleblowers.

The statement of claim, filed in Manitoba Court of King’s Bench on Sept. 27, alleges Extendicare Canada, a for-profit company that owns and operates long-term care homes across the country, was negligent and failed to provide a “safe environment free from abuse” to the senior while he was under their care at Extendicare Oakview Place, in west Winnipeg.

The two workers, who are also named as defendants in the lawsuit, sexually abused the man by stripping him naked and fondling his genitals, and referred to him as “Mr. Wiggles,” the suit alleges.

The two health-care aides were criminally charged in 2022, but those charges were stayed by the Crown last year. Prosecutors said after further review of the case, they determined that the matter no longer met the charging standard.

The lawsuit filed by the man’s daughters says he was a resident of the long-term care home from August 2018 until July 12, 2022. He died later that year.

His daughters are now seeking a range of damages, alleging criminal conduct that “showed a complete disregard” of the man’s well-being.

“The actions of the defendants were egregious, malicious, high-handed, done with an intention to harm and were a marked departure from the standards of decent behaviour,” the suit claims.

None of the allegations in the lawsuit have been tested in court. No statements of defence have been filed.

Whistleblower allegations

The allegations of sexual assault were first made public in June 2022, when whistleblowers claimed residents were being abused at the home.

The court filing says one of the women was contacted by Extendicare in April 2022, and at a meeting, a director for Oakview Place told her only that two employees of the facility had been calling her father by the name “Mr. Wiggles,” and that the employees had been disciplined, but not terminated. She was also assured “any policy was taken seriously by Extendicare,” the suit says.

“Based on the manner in which the information was conveyed and the assurance provided,” the woman “did not believe this to be a serious matter” at that time, the statement of claim says.

The woman was contacted by police in June 2022, and told they were investigating the alleged sexual assault of her father and others.

She met with representatives at the long-term care home following that, “but Extendicare’s representatives were not transparent,” refusing to go into details about her father’s case, the lawsuit claims.

A newly appointed administrator told the daughter the employees involved in the alleged abuse no longer worked at the home, and the management personnel involved had either quit or been terminated, it says.

After the meeting, she received an email from the same administrator saying Extendicare’s internal investigation “did not follow its own internal policies” and “several breakdowns [in the] process had occurred,” according to the suit.

The court filing alleges Extendicare breached its duty of care to the senior on a number of fronts, including failing to protect patients from abuse and not taking steps to prevent further abuse once it was reported.

The company also failed to implement appropriate policies and procedures, including not thoroughly investigating the reported assault and monitoring the actions of the two workers, the lawsuit claims, saying Extendicare is vicariously liable for acts of the health-care aides.

‘Apologize unreservedly’: Extendicare

Extendicare declined to comment on the allegations as the matter is before the courts, but said in a statement “it’s important for us to acknowledge that our residents and their families place an extraordinary amount of trust in us, and we take our responsibility to them extremely seriously.”

It said the company has taken steps “to protect the residents from anything like this happening again,” including appointing a new regional director for Manitoba, establishing new home management, and retraining staff on abuse and neglect policies.

“We once again apologize unreservedly to our community for the deep distress these events caused,” the statement said.

The lawsuit also names the Winnipeg Regional Health Authority as a defendant, alleging it breached its duty of care and was negligent by failing to oversee the company and ensure it was delivering health-care services in a “proper and safe manner.”

The health authority also declined to comment on the lawsuit as it is before the courts.

The suit is seeking general damages for sexual battery and assault, negligence, breach of fiduciary duty and breach of contract.

It also seeks $500,000 in punitive damages, as well as aggravated damages.

For anyone who has been sexually assaulted, there is support available through crisis lines and local support services via the Ending Violence Association of Canada database. If you’re in immediate danger or fear for your safety or that of others around you, please call 911.