Toronto Star

Care home now investigat­ing possible privacy breach

Law firm considerin­g class-action suit against Pickering’s Orchard Villa

- BETSY POWELL

A Pickering long-term-care home that is one of Ontario’s hardest hit by COVID-19 is investigat­ing the possibilit­y of a privacy breach with the release of resident personal health informatio­n, according to a government minister.

“Our government takes personal privacy very seriously, and we are continuing to monitor this situation closely,” Long-Term Care Minister Merrilee Fullerton wrote in a series of tweets sent on the weekend.

Orchard Villa has notified the Informatio­n and Privacy Commission­er Office and an internal investigat­ion has been conducted into the “possibilit­y of a privacy breach of personal health informatio­n,” Jason Gay, the home’s executive director, wrote in an email. “We will not be commenting further at this time.”

Peter Bethlenfal­vy, MPP for Pickering-Uxbridge, released a statement that said Orchard Villa is contacting the residents and families who may have been impacted by the unauthoriz­ed release of informatio­n.

According to Durham Region Public Health’s virus tracker Sunday, 66 residents of Orchard Villa long-term-care and retirement home have died of COVID-19 since an outbreak was declared at the 233-bed facility in March.

It’s owned by Southbridg­e Care Homes, based in Cambridge, Ont.

A letter sent by Southbridg­e last Thursday to families of Orchard Villa residents said that with the help of support teams, including members of the Canadian military, “important progress” has been made in the fight against the deadly virus.

Contacted by the Star, personal-injury lawyer Gary Will said a privacy breach is “indicative of some serious problems at Orchard Villa.” His law firm is investigat­ing the facility while deciding whether to launch a class-action lawsuit against the owners.

He notes Orchard Villa has a history of pre-COVID infraction­s. He counted more than 15 over the last three years, including lack of proper care.

On Saturday, Pickering Deputy Mayor Kevin Ashe released a statement saying that he has tested positive for COVID-19 and is in self-isolation for the next two weeks.

Ashe wrote while he’s not certain, he may have contracted the virus from his daughter, “who is a proud and dedicated personal support worker at Orchard Villa.”

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