Oshawa retirement home, 3rd employee charged in 2023 death of resident

An Oshawa retirement home and another one of its employees have been charged with criminal negligence causing death after a 79-year-old resident went outside and was locked out overnight last year.

The charge against the home, Aspira Traditions of Durham Retirement Living, marks only the second time since 2015 that Durham Regional Police have laid a criminal charge against a corporation.

"Based on the investigation, there was evidence to support that Aspira Traditions did not take the necessary steps to ensure the wellbeing of the victim and are therefore charged with criminal negligence cause death," police said in an email.

"The Ontario Government may have their own investigation, however based on our investigation we formulated the grounds and subsequently laid charges," police added. 

When a corporation is charged, the court process is the same as when an individual is charged, police said. But the corporation would have to choose a representative for the case. If convicted, sentencing would be up to the judge and "would include all options available to a corporate accused," police said.

"Custodial sentences are not an option for a corporation," police added.

In December, two employees of the retirement home, a 34-year-old from Oshawa and a 29-year-old from Newcastle, were charged with criminal negligence causing death and failing to provide necessities of life to a person under charge.

In a news release on Thursday, police said the third employee to have been charged is a 32-year-old employee from Whitby.

CBC Toronto has reached out to Aspira Traditions of Durham Retirement Living for comment but has not yet heard back.

Resident found on bench outside home without vital signs

In the release, police said the woman was found on a bench outside the retirement home east of Toronto on April 1, 2023, after having been outside all night, and died in hospital.

According to police, the resident left the building at about 7:30 p.m. on March 31, 2023. Police described her as a "vulnerable female." Police said, over the course of the night, she tried to gain access to building but could not because the doors were locked. 

"She sat on a bench and was located the following morning without vital signs," police said in the release.

Paramedics took the resident to hospital, where she was pronounced dead. An autopsy determined that the cause of death was exposure to the elements.

Advocate calls criminal charge 'unusual,' death 'shameful'

On its website, the retirement home says it provides independent living, assisted living and respite care for seniors.

"At Traditions of Durham, we cater to both independent living and those needing more assistance with day-to-day life," the website reads. "With 24/7 emergency care, our welcoming environment ensures every resident feels safe, secure and comfortable in their new home, celebrating and enjoying each day to the fullest."

Laura Tamblyn Watts, CEO of CanAge, which describes itself as Canada's national seniors' advocacy organization, said on Thursday that it's rare for police to charge a private care home.

"It's unusual for a home to be criminally charged. It's not unheard of, but it is unusual. What it shows to us is that there is a trend of increasing corporate responsibility," she said.

"Until recently, it was very, very difficult for homes to be charged under provincial offences."

Tamblyn Watts said this case shows that police are taking the situation very seriously. She described the case as "shameful."

"This is a horrific case of negligence and resultant death of a very vulnerable person. One can only imagine — an older adult goes out of their own home, their own tenancy, has a smoke and can't get back in and dies of exposure," she said.

"Unfortunately, it's not the first time we have heard these kinds of stories or had these kinds of results. What is different is, in this case, the retirement home is being charged criminally."

Charge against corporation is significant, lawyer says

Graham Webb, a lawyer and executive director at the Advocacy Centre for the Elderly, a legal clinic serving low-income seniors, said the charge is significant. It shows that there is now a greater understanding about elder abuse following the pandemic, he said.

"It's the first time in nearly 40 years of practising law that I've seen a charge of this type laid against a home, or the employees of the home, involving this type of death of a resident, which is not really that unusual of an occurrence," Webb said.

The corporation could be fined and could suffer what he called "reputational damage" if convicted, he said.

Brayden Reid, spokesperson for the Retirement Homes Regulatory Authority, said in a statement on Friday: "As you are probably aware, it would be inappropriate to comment on any charges that police have laid."

The authority says on its website that it is an "independent, self-funded, not-for-profit regulator mandated by the government to protect and ensure the safety and well-being of seniors living in Ontario's retirement homes" under the 2010 Retirement Homes Act. It also says it addresses reports of harm or risk of harm to residents.