The daughters’ lawsuit alleges that staff at a long-term care home in Winnipeg sexually abused seniors

WARNING: This article contains details about abuse.

A lawsuit filed by two women alleges their 88-year-old father, who suffered from dementia, was sexually abused by two caregivers at a Winnipeg nursing home and that the family only learned of the abuse when the allegations were made public by whistleblowers made public.

The statement of claim, filed Sept. 27 in the Manitoba Court of King’s Bench, accuses Extendicare Canada, a for-profit company that owns and operates nursing homes across the country, of being negligent and failing to provide a “safe environment at no cost.” from abuse” to the senior while he was being cared for 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, calling him “Mr. Wiggles,” the lawsuit says.

The two health workers were criminally charged in 2022, but those charges were stayed by the Crown last year. Prosecutors said after further review of the case, they concluded the matter no longer met prosecution standards.

The lawsuit filed by the man’s daughters says he lived in the nursing home from August 2018 to July 12, 2022. He died later that same year.

His daughters are now seeking a range of damages and accusing him of criminal behavior that showed “a complete disregard” for the man’s well-being.

“Defendants’ actions were egregious, malicious, high-handed, committed with the intent to cause harm, and represented a significant departure from standards of decent behavior,” the lawsuit says.

None of the allegations in the lawsuit have been tested in court. No defenses were filed.

Whistleblower allegations

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

According to court documents, one of the women was contacted by Extendicare in April 2022, and at one meeting an Oakview Place director told her only that two employees at the facility called her father “Mr. Wiggles” and that the employees were disciplined but not terminated. She was also assured that “every Extendicare policy was taken seriously,” the lawsuit says.

“Due to the manner in which the information was communicated and the assurance given,” the woman “did not believe that this was a serious matter” at the time, the lawsuit 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 then met with nursing home representatives, “but Extendicare representatives were not transparent” and refused to go into details about her father’s case, the lawsuit says.

A newly appointed administrator told the daughter that the staff involved in the alleged abuse no longer worked at the home and that the executives involved had either resigned or been resigned, they say.

After the meeting, she received an email from the same administrator saying that Extendicare’s internal investigation “did not follow its own internal policies” and had “multiple glitches.” [in the] The trial took place,” the lawsuit says.

The lawsuit accuses Extendicare of breaching its duty of care to seniors in multiple ways, including by failing to protect patients from abuse and failing to take steps to prevent further abuse after it was reported.

The company also failed to implement appropriate policies and procedures, including failing to thoroughly investigate the reported assault and monitor the actions of the two workers, the lawsuit says. Extendicare was vicariously liable for the actions of the health workers.

“Unreservedly apologize”: Extendicare

Extendicare declined to comment on the allegations because the matter is still before the courts, but said in a statement: “It is important to us to recognize that our residents and their families place an extraordinary amount of trust in us, and we accept our responsibility “extremely serious towards them.” seriously.”

It said the company had taken measures “to protect residents from something like this happening again,” including appointing a new regional director for Manitoba, establishing a new residential management board and retraining staff on abuse policies and neglect.

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

The lawsuit also names the Winnipeg Regional Health Authority as a defendant. She accuses her of breaching her duty of care and acting negligently by failing to monitor the company and ensure that it provided healthcare services “properly and safely”.

The health authority also declined to comment on the lawsuit, which is currently pending in court.

The lawsuit seeks general damages for sexual assault and battery, negligence, breach of fiduciary duty and breach of contract.

It also seeks $500,000 in punitive and aggravated compensatory damages.

For anyone who has been sexually abused, there is support through crisis hotlines and local support services through the Ending Violence Association of Canada database. ​​If you are in immediate danger or fear for your safety or that of others around you, please call 911.