Ending an Unfair (and Unlawful) Practice in City Long-Term Care Homes

25 June 2020

Concerned that City of Toronto Long-Term Care Homes were requiring some residents who had Substitute Decision Makers to sign an agreement to act as a guarantor for the resident’s fees, we started an Enquiry. Such agreements are prohibited by law and the provincial Ministry of Health and Long-Term Care had ordered all City of Toronto homes to stop using them effective January 1, 2019.

We contacted the City’s Long Term Care Homes division to ask that they confirm that the City would comply with the Order, and to find out what steps they would be taking to inform all residents and Substitute Decision Makers who had signed the “old” form of admission agreement that those agreements were unlawful and therefore null and void.

The City confirmed that it would be using a new standard form of admission agreement. This form would not include any reference whatsoever to a “guarantor” for payment. They also prepared a letter to send to all impacted residents and “guarantors”, advising them of the Ministry’s order and the City’s response. We reviewed the proposed letter and were satisfied that it provided the necessary information in a clear and understandable way.