Gary Will of Will Davidson LLP presented to the Standing Committee on Justice Policy on November 4, 2020 in opposition to Bill 218.
Mr. Will concluded his submissions stating, “Premier Doug Ford said in a press conference on July 15, 2020 and again on October 21, 2020, that he intends to hold negligent LTC and retirement homes accountable.1 When the Canadian Forces Report (detailing the care provided at 6 LTC homes) was released on May 26, 2020 Premier Ford said it was the most heart wrenching report he had ever read. 2 He said that the dignity of the residents was not being respected and he said there would be responsibility and accountability for those that were responsible and there would be justice for the residents and their families. Will Davidson LLP fully supports the comments made by the Premier on May 26, 2020. The proposed legislation does not allow the promised accountability. The potential retrospective dismissal of actions, the ambiguity of “good faith effort” and the onerous standard of gross negligence will make the fight longer and more expensive for families seeking justice. The corporate owners of LTC and retirement homes that are responsible for the most Covid-19 deaths in Ontario will argue that they should be permitted to escape justice.”
Bill 218 was passed by the Government of Ontario after third reading on November 16, 2020 after which Mr. Will was quoted by the Toronto Sun on November 9, 2020 anticipating the passing of the Bill 218,
“This is a gift to the insurance industry and the long-term care lobby…It’s an early Christmas gift.”
“It’s giving them a weapon to use against these poor elderly residents who lost their lives.”
“It’s at lightening speed,” he said. “It’s quite disgusting what the government is doing.”
Gary Will and his team has worked tirelessly over the last year to ensure the families seeking justice are represented and will continue to fight for their rights.
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