Hospital alleges its floors aren’t flat, files $100M lawsuit against builder
Humber River Health is taking legal action against the consortium responsible for constructing and maintaining its Toronto hospital, seeking $100 million in damages. The lawsuit, filed in early April, alleges that the negligent design and construction of the hospital have resulted in significant health and safety concerns for patients and staff.
According to the statement of claim submitted to the Ontario Superior Court, a substantial portion of the hospital’s floors are uneven and deteriorating. This poses a serious operational and safety risk, making it challenging for staff to move equipment, supplies, food, and patients on wheeled transportation devices. As a result, wheeled carts must be secured to prevent them from sliding out of place.
The lawsuit asserts that these flooring issues have already caused and will continue to cause health and safety problems for both patients and staff. Additionally, the durability problems with the floors have led to critical areas of the hospital being unavailable due to maintenance issues.
Humber River Hospital, touted as North America’s first fully digital hospital, was constructed through a public-private partnership with Plenary Health Care Partnerships. The Ontario government awarded Plenary the contract to design, build, finance, operate, and maintain the hospital for a period of 30 years.
In response to the lawsuit, a spokesperson for Humber River Health stated that the hospital is taking all necessary steps to ensure the best experience for patients, staff, and the community while addressing these issues. Plenary Health Care Partnerships has yet to file a statement of defense, citing contractual obligations that prevent them from commenting on the matter.
This lawsuit is just the latest in a series of legal actions related to alleged design and construction issues at the hospital. Since 2023, Plenary Health Care Partnerships has filed four other lawsuits totaling at least $10.4 million against the contractor and various subcontractors involved in the project. These claims seek compensation for property damage caused by flooding from valve and breaker leaks, as well as design flaws in the hospital’s domestic water system.
The contractor and subcontractors have filed statements of defense denying the allegations and any liability. Some of the lawsuits have resulted in third-party claims from subcontractors, who argue that another third-party subcontractor should be held responsible if damages are awarded.
CBC Toronto reached out to Ontario’s Ministry of Health for comment on the construction and design issues at the hospital and their impact on operations and patient care. However, the ministry declined to comment, citing the ongoing legal proceedings.
