00:00:21.125 --> 00:00:23.666
(soft piano music)

00:00:40.041 --> 00:00:42.875
- When you're in trial
or a big motion or something,

00:00:42.958 --> 00:00:44.500
there's a lot on the line.

00:00:44.583 --> 00:00:48.291
And... You know,
you've got one shot.

00:00:49.750 --> 00:00:51.958
You've only got one
kick at the can.

00:00:52.041 --> 00:00:54.750
And my client's relying on me

00:00:54.833 --> 00:00:59.833
for that last piece of
accountability and justice.

00:01:13.416 --> 00:01:16.583
When I hear the same thing
over and over again

00:01:16.666 --> 00:01:18.916
from families
and their struggle

00:01:19.000 --> 00:01:24.500
with huge corporations
that own multiple nursing homes,

00:01:24.583 --> 00:01:29.291
I think initially
it felt unbelievable.

00:01:29.375 --> 00:01:32.750
As I kept hearing the same
things over and over again,

00:01:32.833 --> 00:01:35.500
I thought, "This is not
a coincidence."

00:01:35.583 --> 00:01:38.916
It's something I really want
to dig deep and discover.

00:01:39.833 --> 00:01:42.875
(soft piano music)

00:02:00.666 --> 00:02:03.000
(keyboard clacking)

00:02:12.375 --> 00:02:15.416
- My father, he had been
in the nursing home

00:02:15.500 --> 00:02:17.583
for about eight months.

00:02:17.666 --> 00:02:19.666
Part of the problem was

00:02:19.750 --> 00:02:22.708
they had been increasing
medications to sedate him

00:02:22.791 --> 00:02:25.625
which, when you read about
what nursing homes do,

00:02:25.708 --> 00:02:27.500
they call it "the chemical
straitjacket".

00:02:27.583 --> 00:02:29.208
- Yeah.
- And he was becoming

00:02:29.291 --> 00:02:31.916
more and more wobbly
and he had had some falls.

00:02:32.000 --> 00:02:35.416
So the solution was just keep
sedating him more and more

00:02:35.500 --> 00:02:38.416
to a level that would cause him

00:02:38.500 --> 00:02:41.875
to immediately stop eating,
drinking, and moving.

00:02:42.625 --> 00:02:46.458
- Would that have been before
he was transferred to the E.R.?

00:02:46.541 --> 00:02:48.708
- Long before.
- Okay.

00:02:48.791 --> 00:02:53.166
Because the E.R. transfer
note on the 14th says,

00:02:53.250 --> 00:02:56.000
"Resident is clammy
and not responding.

00:02:56.083 --> 00:03:00.083
Writer gave Haldol via needle
as he had his eyes closed

00:03:00.166 --> 00:03:03.875
and was not alert enough
to take medication orally."

00:03:05.000 --> 00:03:07.458
Wow.
- Yeah.

00:03:07.541 --> 00:03:09.000
Once he stops eating
and drinking,

00:03:09.083 --> 00:03:11.750
it's just a matter of time
before he slips away

00:03:11.833 --> 00:03:14.458
and expires.
- Mm-hmm.

00:03:14.541 --> 00:03:20.416
You had a loved one that
suffered in long-term care.

00:03:20.500 --> 00:03:22.208
- Yeah.
- Right?

00:03:22.291 --> 00:03:25.791
That is the...
That's more compelling,

00:03:25.875 --> 00:03:28.583
in my view,
than any dollar amount.

00:03:28.666 --> 00:03:31.958
I'll probably want to push
your case forward first,

00:03:32.041 --> 00:03:35.083
because it's ready to go.
The videos, the voicemails.

00:03:35.166 --> 00:03:37.750
Like, it's been well
documented what happened.

00:03:37.833 --> 00:03:40.458
And I think you are
one of the best witnesses

00:03:40.541 --> 00:03:42.958
to tell the full story.
- Yeah.

00:03:43.041 --> 00:03:45.916
My understanding, too,
is punitive damages

00:03:46.000 --> 00:03:48.041
is a very different thing
in Canada

00:03:48.125 --> 00:03:50.208
than what we're used
to seeing like on,

00:03:50.291 --> 00:03:51.958
you know, television,
in the U.S.

00:03:52.041 --> 00:03:53.458
- Oh, of course.
Of course.

00:03:54.083 --> 00:03:56.500
There's only been a handful
of lawyers

00:03:56.583 --> 00:03:58.833
that have really handled
these cases

00:03:58.916 --> 00:04:02.291
because typically
the damages are very low.

00:04:02.375 --> 00:04:04.958
Why? "Well, old people
aren't worth that much."

00:04:05.041 --> 00:04:07.083
"Ah, they had
dementia anyway.

00:04:07.166 --> 00:04:08.833
They didn't know what
was going on anyway."

00:04:08.916 --> 00:04:10.833
Right? "They don't know
that they were injured.

00:04:10.916 --> 00:04:12.791
They don't know that they
were overmedicated.

00:04:12.875 --> 00:04:14.791
They don't know!
They don't know who you are."

00:04:14.875 --> 00:04:19.708
And so, there's this like,
ageist attitude, right,

00:04:19.791 --> 00:04:22.958
this like, anti-disability
sentiment

00:04:23.041 --> 00:04:27.041
that was very pervasive
in litigation,

00:04:27.125 --> 00:04:29.041
probably up until the pandemic.

00:04:29.125 --> 00:04:30.958
(soft echoing piano chords)

00:04:35.000 --> 00:04:38.916
- There's nobody anywhere
to call for help.

00:04:40.250 --> 00:04:44.000
They're short-staffed and they
didn't do anything about it.

00:04:48.750 --> 00:04:52.416
Nothing is connected.
So, not a good night.

00:05:09.375 --> 00:05:11.291
Papa!

00:05:11.375 --> 00:05:13.458
Papa, wake up.

00:05:14.333 --> 00:05:16.208
Can you hear me?

00:05:16.291 --> 00:05:18.416
Do you want me
to leave you alone?

00:05:39.500 --> 00:05:41.500
(birds chirping)

00:05:45.958 --> 00:05:47.916
(soft piano music)

00:05:58.625 --> 00:06:00.791
(Melissa): The most common
complaints

00:06:00.875 --> 00:06:03.625
are serious dehydration,

00:06:03.708 --> 00:06:08.291
malnutrition, injuries,
misdiagnoses.

00:06:08.375 --> 00:06:10.416
You name it.

00:06:10.500 --> 00:06:15.625
I don't know why this exists
quite the way that it does,

00:06:15.708 --> 00:06:17.958
other than it's been status quo.

00:06:18.041 --> 00:06:21.208
And I think families
have been kept in the dark.

00:07:01.708 --> 00:07:03.416
Oh my God. Okay,
so the ZIP file

00:07:03.500 --> 00:07:05.333
that you sent me
is for one home?

00:07:05.416 --> 00:07:09.125
- That's one home
out of 88. Yeah.

00:07:09.750 --> 00:07:11.833
- Wow!
(laughing)

00:07:11.916 --> 00:07:14.291
- So in order to give you a kind
of the scope of the work,

00:07:14.375 --> 00:07:17.458
the same complaints repeated
over and over again:

00:07:17.541 --> 00:07:20.625
the fall prevention issues;
abuse and neglect;

00:07:20.708 --> 00:07:24.500
failing to report;
infection protocols;

00:07:24.583 --> 00:07:27.500
administering of medications
and people getting

00:07:27.583 --> 00:07:31.541
the wrong medication; skin and
wound care is a constant one.

00:07:31.625 --> 00:07:34.041
They meet the regulatory
requirements of staffing.

00:07:34.125 --> 00:07:37.125
However, people call in sick
all the time,

00:07:37.208 --> 00:07:39.791
so they are constantly
working understaffed.

00:07:39.875 --> 00:07:42.125
And basic care is not being met

00:07:42.208 --> 00:07:43.625
and residents
are being neglected.

00:07:43.708 --> 00:07:47.208
- It's really like...
I didn't know that this is

00:07:47.291 --> 00:07:49.458
what I was getting into
when I decided to sue

00:07:49.541 --> 00:07:51.041
these three companies.

00:07:51.125 --> 00:07:53.333
- How about that then,
for supporting your case there

00:07:53.416 --> 00:07:56.166
where they failed to have
a registered nurse on duty

00:07:56.250 --> 00:07:58.708
for approximately 100 days.

00:07:58.791 --> 00:08:01.250
So there was nobody to provide
the wound care

00:08:01.333 --> 00:08:03.541
that was qualified in the home
for three months.

00:08:03.625 --> 00:08:06.291
It took somebody... One of the
ones was continence care.

00:08:06.375 --> 00:08:08.125
Somebody had a change
in medication

00:08:08.208 --> 00:08:09.666
which gave them diarrhoea,

00:08:09.750 --> 00:08:13.125
and it took them seven days
to be able to update

00:08:13.208 --> 00:08:15.958
the care plan for them to be
able to get access to diapers,

00:08:16.041 --> 00:08:20.500
to continence products. Um...
They're all locked away.

00:08:20.583 --> 00:08:24.291
And there's no, essentially,
no regulatory oversight

00:08:24.375 --> 00:08:26.125
and no repercussions at all

00:08:26.208 --> 00:08:28.750
for the complete
systemic failure

00:08:28.833 --> 00:08:31.083
across all the companies while
they bring in record profits.

00:08:31.166 --> 00:08:33.041
That's the best way
I can describe it.

00:08:33.125 --> 00:08:34.875
- It's terrifying.

00:08:34.958 --> 00:08:37.000
It's just...
(laughing)

00:08:37.083 --> 00:08:41.750
Because as good
as this information is,

00:08:41.833 --> 00:08:45.458
in the back of my mind,
I know...

00:08:45.541 --> 00:08:49.208
I know their argument
is going to be,

00:08:49.291 --> 00:08:51.791
"This is too broad.
This is not related

00:08:51.875 --> 00:08:53.750
to this specific lawsuit.

00:08:53.833 --> 00:08:56.583
You know, Melissa cannot
admit this as evidence.

00:08:56.666 --> 00:09:01.375
Melissa cannot ask the Revera
corporate representative about,

00:09:01.458 --> 00:09:03.708
you know, something
that happened in 2015

00:09:03.791 --> 00:09:06.625
that's unrelated to the reason
why she brought this lawsuit."

00:09:06.708 --> 00:09:09.083
And I'm not convinced
that a court

00:09:09.166 --> 00:09:11.208
is going to disagree with them.

00:09:21.583 --> 00:09:24.041
(urban soundscape)

00:09:30.375 --> 00:09:31.833
(indistinct chatter)

00:09:31.916 --> 00:09:36.166
It's really difficult
to come to the stark realisation

00:09:36.250 --> 00:09:42.625
that thousands of elderly
needed to die in a pandemic

00:09:42.708 --> 00:09:45.625
before people started
paying attention to them.

00:09:46.916 --> 00:09:48.333
- And so did
my great-grandmother.

00:09:48.416 --> 00:09:50.125
She passed away
in Orchard Villa.

00:09:50.208 --> 00:09:55.166
(Melissa): I can't even tell you
how angry I am.

00:09:57.875 --> 00:10:00.333
(all): We want justice!

00:10:00.416 --> 00:10:02.416
We want justice!

00:10:02.500 --> 00:10:05.041
We want justice!

00:10:05.125 --> 00:10:08.000
We want accountability!

00:10:10.416 --> 00:10:12.541
(Melissa): Bringing a lawsuit
is not the only way

00:10:12.625 --> 00:10:14.958
to achieve justice
and accountability.

00:10:15.041 --> 00:10:17.250
But it is a critical piece

00:10:17.333 --> 00:10:21.125
of bringing about
greater long-term change.

00:10:22.208 --> 00:10:24.791
Our government wants to protect

00:10:24.875 --> 00:10:28.375
and provide immunity
to those who are the ones...

00:10:28.458 --> 00:10:30.958
who are the ones responsible

00:10:31.041 --> 00:10:35.250
for the needless death
of our vulnerable elderly.

00:10:36.375 --> 00:10:38.791
Where is the accountability
in that?

00:10:38.875 --> 00:10:41.125
Where is the justice?

00:10:41.208 --> 00:10:43.666
(cheering)

00:10:45.500 --> 00:10:48.291
- This isn't just Ontario.
This is global.

00:10:48.375 --> 00:10:51.166
As you know, it continues
to be dismissed,

00:10:51.250 --> 00:10:52.750
swept under the carpet.

00:10:52.833 --> 00:10:54.625
The red tape becomes so hectic,

00:10:54.708 --> 00:10:56.750
or people don't have
the finances,

00:10:56.833 --> 00:10:58.791
that they feel powerless.

00:11:02.333 --> 00:11:05.166
(Melissa): I think what
these for-profit homes

00:11:05.250 --> 00:11:08.083
and our officials in government
are failing to realize

00:11:08.166 --> 00:11:11.458
is the level of resolve
that these families have.

00:11:11.541 --> 00:11:13.625
We got this, guys!
We got this.

00:11:13.708 --> 00:11:16.208
Thank you for coming out.
- Thanks for all your help.

00:11:16.291 --> 00:11:17.541
- They're going to make us work.

00:11:17.625 --> 00:11:19.000
They're going to make
these families work,

00:11:19.083 --> 00:11:21.208
these families who've
already lost so much.

00:11:21.291 --> 00:11:22.791
They're going to put them
through the wringer

00:11:22.875 --> 00:11:24.208
with these lawsuits.

00:11:25.208 --> 00:11:26.541
I can feel it.

00:11:27.500 --> 00:11:30.208
(gentle echoing piano notes)

00:11:50.875 --> 00:11:52.833
(indistinct chatter)

00:11:56.000 --> 00:11:58.291
(muttering indistinctly)

00:12:10.833 --> 00:12:13.041
(Melissa): There's just
something about this case,

00:12:13.125 --> 00:12:16.083
the way that she was spoken to,

00:12:16.166 --> 00:12:18.583
no assistance
as she's getting up

00:12:18.666 --> 00:12:20.541
from the chair
to go to her walker.

00:12:20.625 --> 00:12:22.875
She's clearly confused
and doesn't know

00:12:22.958 --> 00:12:25.541
where she's supposed
to be backing into.

00:12:34.875 --> 00:12:37.458
(Melissa): And then,
the PSW yells at her

00:12:37.541 --> 00:12:40.625
because she almost falls,
and blames her.

00:12:41.666 --> 00:12:43.125
- Wow.

00:12:46.916 --> 00:12:48.208
Wow.

00:12:50.375 --> 00:12:53.708
(Melissa): You know,
what I heard about this

00:12:53.791 --> 00:12:56.000
particular resident
from the family...

00:12:56.083 --> 00:12:57.625
So she just...

00:12:57.708 --> 00:13:00.708
Her self-confidence
was completely destroyed.

00:13:00.791 --> 00:13:03.166
So it's so subtle.

00:13:03.250 --> 00:13:07.291
This is a case of very,
very subtle verbal abuse.

00:13:07.375 --> 00:13:09.458
(indistinct chatter on video)

00:13:11.291 --> 00:13:12.708
The individual staff,

00:13:12.791 --> 00:13:14.875
they want to be doing
a better job.

00:13:14.958 --> 00:13:17.750
They just aren't given
the resources to do it.

00:13:18.625 --> 00:13:20.708
In traditional litigation,

00:13:20.791 --> 00:13:22.791
you sort of name everybody
as a defendant.

00:13:22.875 --> 00:13:26.000
I've taken the completely
opposite approach.

00:13:26.083 --> 00:13:28.416
I don't name any
of the individual staff

00:13:28.500 --> 00:13:30.666
unless it's an assault case...

00:13:33.083 --> 00:13:35.375
Where I'm placing blame

00:13:35.458 --> 00:13:39.125
with the corporations who
have the decision-making power

00:13:39.208 --> 00:13:41.875
to do something
for these residents.

00:13:41.958 --> 00:13:43.916
They're simply choosing not to.

00:13:48.333 --> 00:13:50.208
(rhythmic percussive sounds)

00:13:59.000 --> 00:14:00.500
Well, Pat, I'm so excited

00:14:00.583 --> 00:14:02.333
that we finally get
to sit down together.

00:14:02.416 --> 00:14:04.875
And I don't know
if you know what I'm up to.

00:14:04.958 --> 00:14:06.916
- Tell me more.
- Yeah.

00:14:07.000 --> 00:14:09.500
I mean, there's the different
kinds of litigation.

00:14:09.583 --> 00:14:11.000
The ones that I started with

00:14:11.083 --> 00:14:13.250
are what I've been calling
"Mass Tort".

00:14:13.333 --> 00:14:17.291
But really, they're just
the groups of cases to try to,

00:14:17.375 --> 00:14:22.125
for the first time,
demonstrate as a group,

00:14:22.208 --> 00:14:24.333
systemic negligence.

00:14:24.416 --> 00:14:26.250
And what ends up happening

00:14:26.333 --> 00:14:28.708
in every single one
of these cases...

00:14:28.791 --> 00:14:30.833
Whose mistake is it?

00:14:30.916 --> 00:14:33.291
The staff always gets blamed.
- Absolutely.

00:14:33.375 --> 00:14:35.333
Blame it on the worker.
- Mm-hmm.

00:14:35.416 --> 00:14:37.625
- Same as...
We did some research

00:14:37.708 --> 00:14:42.125
on scandals and what happened as
a result of scandals in Norway,

00:14:42.208 --> 00:14:45.291
Sweden, Britain,
the U.S., Canada.

00:14:45.375 --> 00:14:47.625
The main thing was to introduce
new regulations.

00:14:47.708 --> 00:14:50.333
And the regulations mainly
applied to the staff,

00:14:50.416 --> 00:14:52.250
rather than doing
something about the kinds

00:14:52.333 --> 00:14:53.958
of systemic issues
you're talking about.

00:14:54.041 --> 00:14:57.000
- You know, this is the real
challenge for me in these cases

00:14:57.083 --> 00:14:59.166
is, you know,
we've got all these...

00:14:59.250 --> 00:15:01.666
all this body of research,
and experts and advocates

00:15:01.750 --> 00:15:04.875
talking about these systemic
issues, which, you know,

00:15:04.958 --> 00:15:07.833
it's so related
to the government

00:15:07.916 --> 00:15:10.041
and lobby groups and insurance

00:15:10.125 --> 00:15:16.125
and all these sister
companies and profit.

00:15:16.208 --> 00:15:19.500
And then, there's something
that happened in a case.

00:15:19.583 --> 00:15:22.708
And trying to connect
those dots

00:15:22.791 --> 00:15:25.500
is the single most
difficult thing.

00:15:25.583 --> 00:15:30.625
And in order to have a body
of litigation move the needle,

00:15:30.708 --> 00:15:33.291
you need to connect the dots.
- Yeah.

00:15:33.375 --> 00:15:36.000
- And I'm just...
This is my struggle.

00:15:36.083 --> 00:15:39.041
- I've been working in this
now since the nineties.

00:15:39.125 --> 00:15:42.291
And we have another opportunity

00:15:42.375 --> 00:15:44.375
to really make a difference
right now.

00:15:44.458 --> 00:15:46.375
(sad piano music)

00:15:52.583 --> 00:15:54.708
(woman): I think
being of service,

00:15:54.791 --> 00:15:56.416
it's one of my core values.

00:15:56.500 --> 00:15:59.833
It's something that I believe
that I'm supposed to be doing.

00:16:16.208 --> 00:16:21.000
There was one man that always
said, "Asha, asha, asha, asha."

00:16:21.958 --> 00:16:26.750
Another woman I remember was
saying "Oh my God" all day.

00:16:27.708 --> 00:16:30.583
I included myself
in the drawing.

00:16:35.041 --> 00:16:39.250
I'd like to think that these
drawings are a way to see

00:16:39.333 --> 00:16:42.916
what's going on
in long-term care facilities.

00:16:46.875 --> 00:16:49.208
(water dripping)

00:17:04.291 --> 00:17:06.708
Sometimes, I think about
the people that died

00:17:06.791 --> 00:17:08.416
while I was working.

00:17:08.500 --> 00:17:11.750
I'd like to think that
they're kind of looking out

00:17:11.833 --> 00:17:16.208
over us as we're trying
to improve and make change.

00:17:21.625 --> 00:17:24.541
(beeping)

00:17:28.750 --> 00:17:30.541
(clock ticking)

00:17:40.000 --> 00:17:42.666
(alarm ringing)

00:17:42.750 --> 00:17:44.791
(bell ringing)

00:17:44.875 --> 00:17:46.291
(door creaking)

00:17:46.375 --> 00:17:48.541
(dishes clattering)

00:17:58.375 --> 00:18:00.875
(glass breaking)

00:18:00.958 --> 00:18:05.083
(yelling indistinctly)

00:18:09.833 --> 00:18:11.291
There's no time.

00:18:11.375 --> 00:18:14.708
In the morning, you're lucky
if you have time

00:18:14.791 --> 00:18:18.416
to help them to change
their incontinence products

00:18:18.500 --> 00:18:21.791
and maybe wash their armpits,
maybe their face.

00:18:21.875 --> 00:18:25.666
Then they have to get dressed
and go to the dining area.

00:18:33.291 --> 00:18:37.208
- I'm not sure if this
is potatoes or rice, or...

00:18:41.833 --> 00:18:43.583
Still not sure.

00:18:43.666 --> 00:18:46.541
I'm looking for
any kind of fibre.

00:18:47.583 --> 00:18:51.375
We didn't go into homes
thinking that laundry

00:18:51.458 --> 00:18:53.208
and clothes would be big issues.

00:18:53.291 --> 00:18:54.916
But that's what
we heard a lot about

00:18:55.000 --> 00:18:58.375
and from staff,
from families, from residents.

00:18:58.458 --> 00:19:02.083
It's the last piece
of your own self

00:19:02.166 --> 00:19:04.916
you bring in the kinds
of clothes you wear.

00:19:05.000 --> 00:19:08.250
It's your... It provides you
with a sense of dignity

00:19:08.333 --> 00:19:10.541
to be wearing the kinds
of clothes you wore

00:19:10.625 --> 00:19:12.750
before you came into a home.

00:19:12.833 --> 00:19:14.916
And we all have
our favourite clothes

00:19:15.000 --> 00:19:16.708
and want to have them with us.

00:19:16.791 --> 00:19:19.583
But you can't bring most of
the clothes that you have

00:19:19.666 --> 00:19:21.541
and that we're going
to boil them.

00:19:21.625 --> 00:19:23.958
So you can only have,
you know, clothes

00:19:24.041 --> 00:19:26.041
that will stand the boiling.

00:19:26.125 --> 00:19:30.000
Then you are really, really
restricted in those things

00:19:30.083 --> 00:19:32.500
that brought you
a sense of identity.

00:19:33.708 --> 00:19:35.875
(gentle echoing piano chords)

00:19:41.666 --> 00:19:44.125
- My... My dad...

00:19:44.208 --> 00:19:46.708
He was my superhero.

00:19:51.416 --> 00:19:54.125
He had a stroke when I was
pregnant with my first daughter.

00:19:54.208 --> 00:19:58.958
It was so hard for us
to make the decision

00:19:59.041 --> 00:20:02.375
that he would have to go
into long-term care. Um...

00:20:03.416 --> 00:20:06.166
I think for a number of reasons,
my mum, having worked

00:20:06.250 --> 00:20:09.541
in a long-term care
for also almost 30 years,

00:20:09.625 --> 00:20:13.083
I think that was a very
heavy burden for her.

00:20:13.166 --> 00:20:18.375
And then having people
not know how hard it was

00:20:18.458 --> 00:20:20.666
to take care of him.

00:20:23.666 --> 00:20:25.625
I remember a social worker
who was a very,

00:20:25.708 --> 00:20:28.458
a very nice young man,
ironically,

00:20:28.541 --> 00:20:30.291
because most social workers
are women,

00:20:30.375 --> 00:20:32.791
but ironically, a nice young
man came to us and he said,

00:20:32.875 --> 00:20:34.916
"You know, you folks are going
to have to make a decision,

00:20:35.000 --> 00:20:37.708
because your house is actually
a hazard for your dad,"

00:20:37.791 --> 00:20:39.916
because his dementia
was so fast progressing.

00:20:40.000 --> 00:20:43.583
We were at the point
where he would need 24-hour care

00:20:43.666 --> 00:20:45.875
that my mum couldn't deliver.
And I would have to go to work.

00:20:45.958 --> 00:20:48.250
And I had two young kids. Um...

00:20:48.333 --> 00:20:50.208
We didn't want this. Um...

00:20:50.291 --> 00:20:52.708
But essentially,
we had to do it.

00:20:52.791 --> 00:20:54.791
(buzzing)

00:21:08.541 --> 00:21:12.666
(number dialing)

00:21:20.875 --> 00:21:23.583
- Hello?
- Hi. Is this Brian?

00:21:26.625 --> 00:21:29.541
- It sounds like there's a lot
going on with your mother.

00:21:34.208 --> 00:21:36.333
(keyboard clacking)
- Right.

00:22:20.625 --> 00:22:21.833
- Yeah.

00:22:28.166 --> 00:22:29.958
- I wish I could
make compliance...

00:22:30.041 --> 00:22:33.000
(laughing)
...an outcome of litigation.

00:22:33.083 --> 00:22:34.375
- Yes.
- I can't.

00:22:34.458 --> 00:22:36.375
The only thing I can do
is sue for money.

00:22:36.458 --> 00:22:37.625
And...
- Right.

00:22:37.708 --> 00:22:40.583
- Quite frankly,
as frustrating as it is,

00:22:40.666 --> 00:22:43.208
it is one of the only ways
that we can ensure

00:22:43.291 --> 00:22:45.958
accountability in these types
of situations, because...

00:22:46.041 --> 00:22:47.708
- Right, right.
- You know, I tell you,

00:22:47.791 --> 00:22:49.875
it's not... it's not the home

00:22:49.958 --> 00:22:51.541
that's going to be paying out
the claim.

00:22:51.625 --> 00:22:53.166
They'll pay a deductible.
- Right.

00:22:53.250 --> 00:22:54.791
- But it's their insurance
company that's going to be

00:22:54.875 --> 00:22:56.333
paying out this claim.
- Yeah.

00:22:56.416 --> 00:22:58.208
(overlapping chatter)

00:22:58.291 --> 00:23:00.250
So they're going to end up
paying it anyway.

00:23:00.333 --> 00:23:02.875
- Exactly. And so,
these insurance companies

00:23:02.958 --> 00:23:05.666
are getting very frustrated
with having to continually

00:23:05.750 --> 00:23:07.250
be the ones paying out

00:23:07.333 --> 00:23:10.750
as a result of ineptitude
within the system.

00:23:10.833 --> 00:23:13.333
And they're starting
to yell and scream as well.

00:23:13.416 --> 00:23:17.083
So, you know,
just to settle any concerns,

00:23:17.166 --> 00:23:19.000
it's a contingency
fee agreement.

00:23:19.083 --> 00:23:21.750
So I will not get paid until
the conclusion of the case.

00:23:21.833 --> 00:23:23.333
So you don't have
to worry about that,

00:23:23.416 --> 00:23:25.291
about paying me along
or anything like that.

00:23:25.375 --> 00:23:27.666
And then, my last little tidbit

00:23:27.750 --> 00:23:31.833
is to please start writing
this all down.

00:23:31.916 --> 00:23:33.458
Because you are
going to forget.

00:23:33.541 --> 00:23:35.666
And you know,
keep the emails

00:23:35.750 --> 00:23:37.875
all in one place because
we're going to need it.

00:23:37.958 --> 00:23:39.125
- Right.

00:23:39.208 --> 00:23:41.208
(melancholy music)

00:23:47.625 --> 00:23:49.666
(Melissa): People that
I'm up against

00:23:49.750 --> 00:23:53.583
have been representing
these companies for decades.

00:23:53.666 --> 00:23:57.416
I've only been suing nursing
homes really for a few years.

00:23:57.500 --> 00:23:59.333
I'm new to the game.

00:24:03.250 --> 00:24:05.416
Actually, when I entered
the profession,

00:24:05.500 --> 00:24:08.958
I felt like an outsider,
because I didn't go

00:24:09.041 --> 00:24:12.958
to private schools and summer
camps and things like that.

00:24:13.041 --> 00:24:16.125
But I found my way
in litigation,

00:24:16.208 --> 00:24:18.750
helping injured people
fight for justice

00:24:18.833 --> 00:24:21.875
because I was very comfortable
with fighting growing up.

00:24:21.958 --> 00:24:23.916
I was very comfortable
with conflict.

00:24:24.000 --> 00:24:25.791
It was how I lived every day.

00:24:25.875 --> 00:24:29.791
And then, when that morphed
into helping families

00:24:29.875 --> 00:24:32.125
try to get justice
and accountability

00:24:32.208 --> 00:24:36.416
because of negligence in nursing
homes, it just felt even better.

00:24:41.000 --> 00:24:42.708
Morning.

00:24:42.791 --> 00:24:45.666
- Good morning.
- How are you guys?

00:24:54.500 --> 00:24:56.416
I'm so glad you guys
could come down.

00:24:56.500 --> 00:24:58.583
I haven't seen
you guys in a while.

00:24:58.666 --> 00:25:00.708
Um, first of all,
I've never had a client

00:25:00.791 --> 00:25:02.375
more organized than you.
(laughing)

00:25:02.458 --> 00:25:04.375
- So you had to write down,

00:25:04.458 --> 00:25:06.125
because I couldn't remember
everything.

00:25:06.208 --> 00:25:09.166
- Right. And so,
the examination for discovery

00:25:09.250 --> 00:25:12.375
is where the other lawyer
that's hired

00:25:12.458 --> 00:25:14.375
by the insurance company

00:25:14.458 --> 00:25:16.458
that insured the home...
- Yeah.

00:25:16.541 --> 00:25:18.541
- ...is going to be asking
you questions.

00:25:18.625 --> 00:25:20.416
And you'll be under oath.
- Mm-hmm.

00:25:20.500 --> 00:25:23.333
- Okay? The questions
are going to be very targeted

00:25:23.416 --> 00:25:25.875
about what your role
and responsibility

00:25:25.958 --> 00:25:28.000
was to your husband,

00:25:28.083 --> 00:25:31.375
what role you did or didn't play

00:25:31.458 --> 00:25:34.458
in communicating with
the staff about his needs.

00:25:34.541 --> 00:25:37.458
How much time did you go
see your dad a week

00:25:37.541 --> 00:25:39.375
while he was in the home?

00:25:39.458 --> 00:25:41.625
"He didn't really understand
what was going on.

00:25:41.708 --> 00:25:43.833
You know, you didn't
really have...

00:25:43.916 --> 00:25:46.291
Your relationship was
as of a caregiver."

00:25:46.375 --> 00:25:48.000
- Mm-hmm.
- Right?

00:25:48.083 --> 00:25:50.541
"How much longer was he going
to live anyway?"

00:25:50.625 --> 00:25:55.291
These are... Right?
It's very difficult to hear.

00:25:55.375 --> 00:25:58.541
And the lawyer's job on behalf
of the insurance company

00:25:58.625 --> 00:26:00.708
is to make sure
they're not paying

00:26:00.791 --> 00:26:04.000
more than the law
requires them to pay.

00:26:04.083 --> 00:26:06.458
Um... What were
the conversations

00:26:06.541 --> 00:26:08.500
that you had with the staff

00:26:08.583 --> 00:26:12.916
upon his admission
about the simulator

00:26:13.000 --> 00:26:14.625
and about the importance

00:26:14.708 --> 00:26:17.125
of receiving
his medication on time?

00:26:17.208 --> 00:26:20.541
- Sometimes, I felt
they looked at me

00:26:20.625 --> 00:26:22.958
like I was from
a different planet.

00:26:23.041 --> 00:26:26.333
And I tried to tell them,
"You have to be closer

00:26:26.416 --> 00:26:30.958
to the pill time because
he's going to be more...

00:26:31.041 --> 00:26:32.833
He's going to be
a different person."

00:26:32.916 --> 00:26:35.750
And that's what I told them
a day before he...

00:26:37.125 --> 00:26:39.250
...had his last two falls.

00:26:40.041 --> 00:26:43.125
- Knowing what I know about
the facts of the case,

00:26:43.208 --> 00:26:45.291
here's what the defence says.

00:26:46.208 --> 00:26:48.708
"Well, he was falling
all the time at home.

00:26:48.791 --> 00:26:51.291
He fell 27 times.
This is clear.

00:26:51.375 --> 00:26:54.791
Falling is a part
of his medical condition."

00:26:54.875 --> 00:26:57.625
- Mm-hmm.
- "It was inevitable.

00:26:57.708 --> 00:27:00.083
There's nothing
we could have done."

00:27:00.166 --> 00:27:06.166
So you have to be very clear
that when you're asked

00:27:06.250 --> 00:27:08.875
about the decision
to put him in the home

00:27:08.958 --> 00:27:11.250
and about what
your responsibility was

00:27:11.333 --> 00:27:13.416
while he was in there,

00:27:13.500 --> 00:27:15.458
you're clear about the fact

00:27:15.541 --> 00:27:17.875
that it was becoming
too much for you.

00:27:17.958 --> 00:27:20.958
You were more his caregiver
than his spouse.

00:27:21.041 --> 00:27:23.833
You were looking forward
to being his spouse again

00:27:23.916 --> 00:27:26.125
and having that companionship
with him.

00:27:26.208 --> 00:27:27.750
- Yeah.
- Again.

00:27:27.833 --> 00:27:31.708
Right? And that
you wanted him

00:27:31.791 --> 00:27:34.666
to be in a safer place
so that he wouldn't be falling.

00:27:34.750 --> 00:27:36.541
- Yeah.
- As many times.

00:27:36.625 --> 00:27:39.166
And that there would be
a team of people

00:27:39.250 --> 00:27:41.666
monitoring his symptoms
and his medication

00:27:41.750 --> 00:27:44.958
and not just you and you,
and having to coordinate

00:27:45.041 --> 00:27:47.583
with the nurse practitioner
and sometimes a neurologist.

00:27:47.666 --> 00:27:51.625
- And Fred, I promised to...

00:27:53.041 --> 00:27:56.375
...to have, at least
that we still have

00:27:56.458 --> 00:27:58.333
some better times together.

00:27:59.000 --> 00:28:01.625
- And I mean,
he was a young man.

00:28:02.625 --> 00:28:04.833
- He was 67.

00:28:04.916 --> 00:28:08.458
Fred wasn't ready to die.
- Mm-hmm.

00:28:08.541 --> 00:28:14.708
- And we knew how complicated
it was to take care of him.

00:28:14.791 --> 00:28:16.791
And I was lucky.

00:28:17.416 --> 00:28:19.291
You did all the hard work.

00:28:19.958 --> 00:28:22.833
They should have been able
to provide the basics

00:28:22.916 --> 00:28:24.750
at the very least the basics,

00:28:24.833 --> 00:28:26.833
and that it was safe for him.

00:28:26.916 --> 00:28:28.750
And then you wouldn't
have had to worry.

00:28:28.833 --> 00:28:32.791
And then you could have enjoyed
more of the time.

00:28:32.875 --> 00:28:35.041
You wouldn't have had
to have worried about

00:28:35.125 --> 00:28:37.416
being the caregiver again,

00:28:37.500 --> 00:28:39.375
because that's essentially
what you did.

00:28:39.458 --> 00:28:40.958
- Yeah.
- You were basically just

00:28:41.041 --> 00:28:43.916
the caregiver in the home, too.
- Yeah.

00:28:44.000 --> 00:28:46.125
- Because they couldn't do it.

00:28:46.208 --> 00:28:48.208
- Some of the other cases
that I have

00:28:48.291 --> 00:28:50.083
in similar circumstances,

00:28:50.166 --> 00:28:55.291
the home, in turn,
sued the family!

00:28:55.375 --> 00:28:56.708
- Oh!

00:28:57.791 --> 00:28:59.500
My goodness, huh?

00:28:59.583 --> 00:29:01.333
- They didn't do that here.

00:29:01.416 --> 00:29:05.041
But they did raise issues,
like I said,

00:29:05.125 --> 00:29:08.375
that somehow
you were responsible.

00:29:09.208 --> 00:29:12.375
And you could have
been more involved.

00:29:12.458 --> 00:29:16.791
You know, I have to let you
know what the risk is

00:29:16.875 --> 00:29:22.916
of moving forward,
given what their position is.

00:29:23.000 --> 00:29:29.000
- I will do whatever it takes
to hopefully change these rules

00:29:29.083 --> 00:29:31.291
in some of these nursing homes.

00:29:32.083 --> 00:29:35.750
Well, like I said,
we'd love to do it for Fred.

00:29:35.833 --> 00:29:37.875
(soft music)

00:29:39.958 --> 00:29:42.833
(insects chirping)

00:30:00.916 --> 00:30:03.000
(keyboards clacking)

00:30:17.583 --> 00:30:19.583
- Uh, but if you can create

00:30:19.666 --> 00:30:22.750
if you can define the time.

00:30:22.833 --> 00:30:25.416
I don't know if you can do that.

00:30:26.583 --> 00:30:29.083
Hey, how are you?
- I'm good. How are you?

00:30:29.166 --> 00:30:33.666
- Good. Um... Okay,
so I know you... We need to...

00:30:33.750 --> 00:30:35.666
I've got a bunch of
settlements in the hopper.

00:30:35.750 --> 00:30:37.875
You sent me that email.
We can talk about that.

00:30:37.958 --> 00:30:40.333
- I divided them up
by the regular files

00:30:40.416 --> 00:30:42.041
and the independent files.

00:30:42.125 --> 00:30:43.791
- These are all the settlements

00:30:43.875 --> 00:30:45.500
I have on the go?
- Yes.

00:30:45.583 --> 00:30:46.958
(laughing)

00:30:47.041 --> 00:30:48.916
- Oh my God.

00:30:52.375 --> 00:30:53.833
Approval?

00:30:54.625 --> 00:30:56.708
- No.
- No.

00:30:57.750 --> 00:31:00.333
Boy, I'm very behind.
(chuckling)

00:31:00.416 --> 00:31:02.375
Okay.

00:31:02.458 --> 00:31:05.708
Uh... Oh here, here, here.
- Yes.

00:31:05.791 --> 00:31:07.041
- He says he's not sure

00:31:07.125 --> 00:31:09.500
how I got to $100,000
of future care

00:31:09.583 --> 00:31:11.375
because she's always going
to be in a nursing home.

00:31:11.458 --> 00:31:12.916
I put it in my proposal!

00:31:13.000 --> 00:31:15.583
I'm like, because they want
to hire an extra PSW

00:31:15.666 --> 00:31:17.541
because they don't trust
your nursing home.

00:31:17.625 --> 00:31:18.666
- Yes.
(sighing)

00:31:18.750 --> 00:31:20.666
(laughing)

00:31:21.500 --> 00:31:23.166
- Neither one of them
is MAG certified.

00:31:23.250 --> 00:31:24.791
Neither one of them
is court certified.

00:31:24.875 --> 00:31:27.000
You got that note for me.
Right, Chanice?

00:31:27.083 --> 00:31:29.291
- I saw your email.
- Perfect. Thank you.

00:31:29.375 --> 00:31:31.083
(sighing)
- All right, fine.

00:31:31.166 --> 00:31:33.583
Okay, so this one is not
getting settled this year.

00:31:33.666 --> 00:31:36.291
- Okay. And don't forget,
on that matter,

00:31:36.375 --> 00:31:40.583
the defendant E.D.
is proceeding that day.

00:31:40.666 --> 00:31:43.416
(keyboard clacking)

00:31:45.250 --> 00:31:49.250
(Melissa): I feel an intense
amount of pressure

00:31:49.333 --> 00:31:54.500
to actually bring about
some real change.

00:31:58.791 --> 00:32:00.666
(distorted bell music)

00:32:13.250 --> 00:32:15.166
Extendicare and Sienna
have shareholders

00:32:15.250 --> 00:32:16.875
that they have to report to.
- Correct.

00:32:16.958 --> 00:32:18.708
So now you've got
people that are...

00:32:18.791 --> 00:32:21.000
And it's not just...
not just the shareholders.

00:32:21.083 --> 00:32:22.625
It's the investment bankers.

00:32:22.708 --> 00:32:25.541
So you need to generate
X number of income

00:32:25.625 --> 00:32:29.875
to be able to satisfy
all of these other needs

00:32:29.958 --> 00:32:31.791
and involved parties. Right?

00:32:31.875 --> 00:32:34.250
So let's go through
Extendicare first. Okay.

00:32:34.333 --> 00:32:36.708
- Did you say it was
a billion-dollar company?

00:32:36.791 --> 00:32:38.958
- Yeah. So just to start off,

00:32:39.041 --> 00:32:42.083
this is revenue
in thousands of dollars.

00:32:42.166 --> 00:32:44.125
Right. So you add
the three zeroes.

00:32:44.208 --> 00:32:46.458
- Right.
- So that's $1.1 billion.

00:32:46.541 --> 00:32:50.083
- So they had $1.1 billion
in revenue in 2019.

00:32:50.166 --> 00:32:52.208
- In revenue, in 2019.
And then their earnings.

00:32:52.291 --> 00:32:54.000
- 91 million.

00:32:54.083 --> 00:32:58.125
Is there a breakdown
of their expenses?

00:32:58.208 --> 00:32:59.958
- Cash, dividends, declared.

00:33:01.208 --> 00:33:03.750
(both): 42 million.

00:33:03.833 --> 00:33:06.333
- And they are locking up
incontinence pads.

00:33:06.416 --> 00:33:08.958
- That was my whole point in
putting together the financials.

00:33:09.041 --> 00:33:11.875
- If my clients knew this,
they'd... they'd cry.

00:33:15.750 --> 00:33:17.791
They're going to know this.
They're all going to know this.

00:33:17.875 --> 00:33:20.125
Okay. So what are...

00:33:20.791 --> 00:33:22.708
Mike Harris, Vice President,

00:33:22.791 --> 00:33:25.958
Long-Term Care Operations
of Extendicare.

00:33:26.041 --> 00:33:28.500
Is this current?
- Yes.

00:33:29.291 --> 00:33:30.958
(sighing)

00:33:31.041 --> 00:33:32.500
- Hold on a second.

00:33:32.583 --> 00:33:35.666
He's responsible for
privatising long-term care.

00:33:35.750 --> 00:33:38.375
During his administration.
- Right.

00:33:38.458 --> 00:33:40.833
You can see how it all...
- I want to know

00:33:40.916 --> 00:33:44.291
which of these people also sit
on the Ontario Long Term Care

00:33:44.375 --> 00:33:48.666
Association and other
similar associations in Canada.

00:33:48.750 --> 00:33:50.500
I happen to know that

00:33:50.583 --> 00:33:53.083
the Ontario Long Term Care
Association,

00:33:53.166 --> 00:33:56.250
they were the ones lobbying
for immunity

00:33:56.333 --> 00:33:58.125
for long-term care during COVID.

00:33:58.208 --> 00:33:59.916
They were the reason
why I had to protest

00:34:00.000 --> 00:34:01.541
at Queen's Park in June.

00:34:03.416 --> 00:34:05.333
Interesting. Okay.

00:34:05.416 --> 00:34:07.541
This is going to be
one hell of a fight.

00:34:07.625 --> 00:34:08.750
(laughing)

00:34:08.833 --> 00:34:10.458
- It looks pretty big right now.

00:34:15.875 --> 00:34:17.791
(eerie music)

00:34:22.416 --> 00:34:25.416
(overlapping radio chatter)

00:34:47.208 --> 00:34:50.083
- When I was wanting to learn
a little bit more

00:34:50.166 --> 00:34:52.916
about how the publicly traded
companies operate,

00:34:53.000 --> 00:34:54.916
I decided to listen

00:34:55.000 --> 00:34:57.208
to some of the quarterly
conference calls

00:34:57.291 --> 00:35:00.083
that they hold
for their investors,

00:35:00.166 --> 00:35:02.625
their shareholders,
and financial analysts.

00:35:04.875 --> 00:35:09.708
What I found was basically
people who had no expertise

00:35:09.791 --> 00:35:13.625
in the provision of care,
who were basically viewing

00:35:13.708 --> 00:35:16.541
these companies
as a pure investment asset.

00:35:16.625 --> 00:35:21.000
They wanted to know
how they could expand,

00:35:21.083 --> 00:35:25.041
even as some of the company's
existing homes

00:35:25.125 --> 00:35:28.083
were struggling to cope
with huge COVID outbreaks

00:35:28.166 --> 00:35:30.500
where many people died.

00:35:40.625 --> 00:35:43.458
Revera is a unique situation.

00:35:43.541 --> 00:35:45.250
It's a Canadian company

00:35:45.333 --> 00:35:48.541
which owns long-term care homes
in the U.S. and the U.K.

00:35:48.625 --> 00:35:52.666
It actually was formerly traded
on the stock market.

00:35:52.750 --> 00:35:56.541
It was a publicly traded
company until 2007,

00:35:56.625 --> 00:35:58.541
when it was wholly purchased

00:35:58.625 --> 00:36:01.625
by the Public Sector Pension
Investment Board.

00:36:01.708 --> 00:36:04.208
And the Public Sector Pension
Investment Board

00:36:04.291 --> 00:36:07.250
is actually a federal
Crown corporation

00:36:07.333 --> 00:36:11.583
that manages the pension funds
of all federal civil servants

00:36:11.666 --> 00:36:14.625
and also some members
of the military.

00:36:14.708 --> 00:36:17.375
And what Revera is doing

00:36:17.458 --> 00:36:22.833
is essentially growing
the pension savings,

00:36:22.916 --> 00:36:24.708
the retirement savings,

00:36:24.791 --> 00:36:28.833
of federal civil servants
by actually extracting money

00:36:28.916 --> 00:36:31.583
from the care provided
to seniors.

00:36:35.583 --> 00:36:39.083
I think the way that we treat
the most vulnerable seniors

00:36:39.166 --> 00:36:43.833
in our society is really a mark
of how we're doing as a country.

00:37:16.291 --> 00:37:19.666
(Melissa): I experienced
the benefit

00:37:19.750 --> 00:37:24.083
of what it means to have
seniors in my life.

00:37:24.166 --> 00:37:26.625
When I was in high school,

00:37:26.708 --> 00:37:31.208
I befriended my neighbours
who were all seniors.

00:37:31.291 --> 00:37:33.500
You know, after I'd clean
their house,

00:37:33.583 --> 00:37:36.041
I'd have tea and cake with them.

00:37:36.750 --> 00:37:40.250
It was my 72-year-old
next-door neighbour

00:37:40.333 --> 00:37:42.125
who actually taught me
how to paint.

00:37:46.250 --> 00:37:48.541
They knew that things
were tough for me,

00:37:48.625 --> 00:37:49.958
so each and every one of them

00:37:50.041 --> 00:37:51.833
sort of took me
under their wing.

00:37:54.583 --> 00:37:57.083
My parents were divorced.

00:37:57.166 --> 00:38:02.708
I had a stepfather.
He was an alcoholic.

00:38:02.791 --> 00:38:06.083
And I say "was"
because he actually

00:38:06.166 --> 00:38:09.875
is no longer here with us.
He passed away in 2016.

00:38:09.958 --> 00:38:12.541
Um, and he was very abusive.

00:38:12.625 --> 00:38:14.708
So... And I...

00:38:14.791 --> 00:38:17.458
Because I lived
in such a rural community

00:38:17.541 --> 00:38:20.166
and my siblings
were much younger than me,

00:38:20.250 --> 00:38:22.583
um, I had a lot of
responsibilities,

00:38:22.666 --> 00:38:25.000
childcare responsibilities.
And I was very isolated.

00:38:25.083 --> 00:38:27.291
I didn't see friends
after school,

00:38:27.375 --> 00:38:30.458
so I didn't have
a normal adolescence.

00:38:30.541 --> 00:38:32.541
I didn't know how
to be around people my age,

00:38:32.625 --> 00:38:35.583
probably until I was, yeah,
late twenties, early thirties.

00:38:35.666 --> 00:38:39.500
Um, I just knew how
to be around people who...

00:38:40.916 --> 00:38:43.708
...had seen a lot,
because I had seen a lot.

00:38:53.791 --> 00:38:56.625
♪ Mama look at my life ♪

00:38:59.666 --> 00:39:03.458
♪ This is a lonely journey ♪

00:39:06.958 --> 00:39:09.458
(soft piano music)

00:39:11.416 --> 00:39:15.666
♪ Too much abuses I see ♪

00:39:19.041 --> 00:39:23.750
♪ Too much desire in between ♪

00:39:26.625 --> 00:39:29.791
♪ We'll make it through ♪

00:39:33.541 --> 00:39:36.250
♪ That's what we do ♪

00:39:43.833 --> 00:39:47.666
♪ Mama I hear you cry ♪

00:39:51.958 --> 00:39:56.791
♪ All this anger
I'll put aside ♪

00:40:01.833 --> 00:40:08.333
♪ My tears I know won't beat
the rivers in your eyes ♪

00:40:10.666 --> 00:40:15.458
♪ And with all my love ♪

00:40:15.541 --> 00:40:18.666
♪ I will make them dry ♪

00:40:20.166 --> 00:40:24.750
♪ Yes with all my love ♪

00:40:28.041 --> 00:40:33.041
♪ And with all my love ♪♪

00:40:39.750 --> 00:40:41.916
(Melissa): My clients have
told me over and over

00:40:42.000 --> 00:40:44.541
that until you get thrown
into the complex web

00:40:44.625 --> 00:40:47.250
of red tape and hurdles
that is long-term care,

00:40:47.333 --> 00:40:50.666
you don't realize how
complicated and broken it is.

00:40:50.750 --> 00:40:53.916
And now the pandemic has
intensified and transformed

00:40:54.000 --> 00:40:57.833
this already complex web
into a national emergency.

00:40:57.916 --> 00:41:01.916
And this is why I'm here with
these courageous supporters,

00:41:02.000 --> 00:41:06.000
volunteers and allies
to fight for change.

00:41:10.791 --> 00:41:13.333
- One of the reasons
we're involved in this issue

00:41:13.416 --> 00:41:16.625
is that the pension fund
actually owns Revera.

00:41:16.708 --> 00:41:19.208
- Yeah.
- And 160,000 of our members

00:41:19.291 --> 00:41:22.125
are involved and contribute
to the pension fund.

00:41:22.208 --> 00:41:23.791
And they own Revera.

00:41:23.875 --> 00:41:25.458
- I was disturbed
by hearing that.

00:41:25.541 --> 00:41:27.125
I mean, how could you not?

00:41:27.208 --> 00:41:32.708
- We want Revera transitioned
from a for-profit organisation

00:41:32.791 --> 00:41:35.125
to a public
or non-profit organisation

00:41:35.208 --> 00:41:36.666
at the provincial level.

00:41:36.750 --> 00:41:38.333
- You know, the company itself

00:41:38.416 --> 00:41:41.208
is turning a profit margin
that's, you know,

00:41:41.291 --> 00:41:43.458
in the billions.
I mean, it's just...

00:41:43.541 --> 00:41:45.583
It's just not,
it's just not right.

00:41:45.666 --> 00:41:47.916
(ominous music)

00:42:20.291 --> 00:42:24.333
- I'm a little guy with a little
organisation in Australia.

00:42:24.416 --> 00:42:26.833
I can't challenge
the messaging

00:42:26.916 --> 00:42:30.708
and the PR power of a massive,
one of the world's largest

00:42:30.791 --> 00:42:33.416
pension funds
with unlimited resources

00:42:33.500 --> 00:42:35.500
and the Canadian
government behind it.

00:42:35.583 --> 00:42:37.625
- That sentiment I understand.

00:42:37.708 --> 00:42:40.791
We have that in common,
unfortunately.

00:42:40.875 --> 00:42:44.708
So what is it about
this industry

00:42:44.791 --> 00:42:47.750
that is so damn profitable?

00:42:47.833 --> 00:42:50.208
- There's lots of public
funding in it.

00:42:50.291 --> 00:42:53.083
And given the demographics
of the population

00:42:53.166 --> 00:42:56.916
in most countries, you know
that funding has to increase.

00:42:57.000 --> 00:43:00.916
And so you're guaranteed
a steady flow of reliable

00:43:01.000 --> 00:43:03.708
public funding
to then venture off

00:43:03.791 --> 00:43:06.375
and make profits
on the side businesses

00:43:06.458 --> 00:43:08.458
that only exist
because you're able

00:43:08.541 --> 00:43:10.208
to get that core
government funding.

00:43:10.291 --> 00:43:13.583
That money is not being spent
as it should be spent, right?

00:43:13.666 --> 00:43:16.666
It's being siphoned out
in lots of different ways.

00:43:16.750 --> 00:43:20.666
The main focus on this
is real estate.

00:43:20.750 --> 00:43:22.333
The operating company,
which is the one

00:43:22.416 --> 00:43:23.916
providing the care,

00:43:24.000 --> 00:43:27.291
pays a ton of money
to another company

00:43:27.375 --> 00:43:32.125
controlled by the same people or
related people in rent payments.

00:43:32.208 --> 00:43:35.125
- So how is it possible then,

00:43:35.208 --> 00:43:38.666
that money that is supposed
to be earmarked for care

00:43:38.750 --> 00:43:41.166
can be used to purchase
a property

00:43:41.250 --> 00:43:43.083
that is then sold
to a holding company

00:43:43.166 --> 00:43:46.041
to avoid taxes
instead of paid staff,

00:43:46.125 --> 00:43:48.208
pay exorbitant rent
to that same company?

00:43:48.291 --> 00:43:51.708
- You know, this is sadly
a global phenomenon.

00:43:51.791 --> 00:43:53.708
We know it's happening
in the United States.

00:43:53.791 --> 00:43:55.333
I know it's happening
in Australia,

00:43:55.416 --> 00:43:57.541
it's happening in the UK,
it's happening in France.

00:43:57.625 --> 00:43:59.625
And those French companies
are doing the same thing

00:43:59.708 --> 00:44:01.166
all across Europe.

00:44:01.250 --> 00:44:03.750
Everywhere, there's a complete

00:44:03.833 --> 00:44:06.708
and utter lack of transparency
and accountability.

00:44:06.791 --> 00:44:10.958
Canada is even worse in terms
of the lack of transparency.

00:44:11.041 --> 00:44:12.583
- You hit the nail on the head.

00:44:12.666 --> 00:44:16.708
This lack of transparency means
that most of these cases,

00:44:16.791 --> 00:44:18.958
what did the PSW do wrong?

00:44:19.041 --> 00:44:21.166
What did the director
of care do wrong?

00:44:21.250 --> 00:44:23.875
Maybe. But who cares?

00:44:23.958 --> 00:44:27.708
I mean, and it puts
all of the blame on the staff

00:44:27.791 --> 00:44:31.083
when they're part of,
they're a victim

00:44:31.166 --> 00:44:34.041
as much as the resident,
you know?

00:44:34.125 --> 00:44:38.666
And it's so frustrating because
it's so difficult to get behind.

00:44:38.750 --> 00:44:42.625
It's like no one understands
how this all works.

00:44:47.958 --> 00:44:51.166
(suspenseful percussive music)

00:45:01.458 --> 00:45:04.958
- Nurses and personal support
workers that decide to stay

00:45:05.041 --> 00:45:09.416
in long-term care do it
because they are truly committed

00:45:09.500 --> 00:45:11.958
to their residents
and that they really genuinely

00:45:12.041 --> 00:45:15.208
care for them, even love them.
They're like families.

00:45:15.291 --> 00:45:17.791
They're not appreciated
for what they do.

00:45:17.875 --> 00:45:21.000
And that's, that's
the tragic part of all of this,

00:45:21.083 --> 00:45:24.083
is that they're not given
the appreciation,

00:45:24.166 --> 00:45:27.666
the respect that they deserve,
the pay that they deserve.

00:45:27.750 --> 00:45:30.875
It's women's work.
We don't respect it.

00:45:30.958 --> 00:45:33.791
We don't, we don't...
We take it for granted.

00:45:36.041 --> 00:45:40.166
Short-staffing probably happens
every single day.

00:45:40.250 --> 00:45:44.333
They probably are assigned
at least 11 or 12 residents

00:45:44.416 --> 00:45:47.500
on a normal basis.
If someone calls in sick,

00:45:47.583 --> 00:45:51.208
then all of a sudden,
you have 16 residents each.

00:45:51.291 --> 00:45:54.208
You know, that's why you see
signs like this that are,

00:45:54.291 --> 00:45:56.583
that are around me.
You know, we try to...

00:45:56.666 --> 00:45:58.541
Our workers,
they're frustrated.

00:45:58.625 --> 00:46:01.041
And we try to put pressure
on the employer.

00:46:01.125 --> 00:46:03.833
And they're interested
in suppressing wages.

00:46:03.916 --> 00:46:07.125
Not a nickel of their profit
will go into care.

00:46:07.208 --> 00:46:10.958
By the way, nursing homes don't
have to be like this, right?

00:46:11.083 --> 00:46:14.250
They actually can be
joyful places.

00:46:14.333 --> 00:46:16.250
And they do have
periods of this.

00:46:16.333 --> 00:46:18.458
I mean, there are lots of
good people working there.

00:46:18.541 --> 00:46:21.333
There's even good operators,
there's good administrators.

00:46:21.416 --> 00:46:23.416
Um, and you know, they...

00:46:23.500 --> 00:46:26.666
There are real moments
of joy in nursing homes.

00:46:27.583 --> 00:46:33.333
It's just a system that seems
to be set up to fail.

00:47:04.791 --> 00:47:08.500
- I have to position
long-term care workers

00:47:08.583 --> 00:47:10.250
within a broader context.
Right?

00:47:10.333 --> 00:47:12.500
And I have to look
at implications

00:47:12.583 --> 00:47:14.708
of the Canadian state.
I have to look at whiteness.

00:47:14.791 --> 00:47:18.041
I have to look at the way
white supremacy has impacted

00:47:18.125 --> 00:47:21.625
the lives of Black Caribbean
and African women

00:47:21.708 --> 00:47:25.000
and Filipino women
who are very much precarious,

00:47:25.083 --> 00:47:26.708
the bulk of precarious
employees

00:47:26.791 --> 00:47:28.541
in long-term care homes.

00:47:28.625 --> 00:47:32.083
They're almost relegated
to second-class status,

00:47:32.166 --> 00:47:35.833
second-class citizens within
the sphere of domestic work.

00:47:35.916 --> 00:47:38.833
And that's why I always say,
like race is always in the room.

00:47:39.750 --> 00:47:42.291
My mom is representative
of a larger analysis

00:47:42.375 --> 00:47:45.875
of many, many women
migrant workers.

00:47:46.625 --> 00:47:50.208
She was very proud of becoming
a registered practical nurse.

00:47:50.291 --> 00:47:51.875
She said, "You know,
I didn't come to this country

00:47:51.958 --> 00:47:55.291
to clean up people's shit." And
she didn't mean it in a way...

00:47:55.375 --> 00:47:57.333
I know she didn't mean it
in a way that was pejorative

00:47:57.416 --> 00:48:00.208
or offensive to the folks
in the care home,

00:48:00.291 --> 00:48:02.083
because my mom had a lot of...

00:48:02.166 --> 00:48:05.208
I think she had a lot of care
for her residents.

00:48:05.291 --> 00:48:07.625
But it was really about
the fact that she had given up,

00:48:07.708 --> 00:48:08.958
she'd lost everything.

00:48:09.041 --> 00:48:10.666
She'd lost all of
her medical training,

00:48:10.750 --> 00:48:12.666
all of the years that she'd put
into that labour.

00:48:12.750 --> 00:48:15.333
And there was a reduction
in terms of the type of job

00:48:15.416 --> 00:48:16.500
that she was doing.

00:48:17.458 --> 00:48:20.958
Just the way that the labour
of black women

00:48:21.041 --> 00:48:23.583
and Filipino women
and the ghettoisation

00:48:23.666 --> 00:48:26.500
of long-term care
has been very much connected

00:48:26.583 --> 00:48:28.416
to government policies.

00:48:28.500 --> 00:48:31.875
And I think that continues to
be part of the contemporary way

00:48:31.958 --> 00:48:35.458
in which long-term care
is looked at.

00:48:37.041 --> 00:48:38.375
(indistinct chatter)

00:48:38.458 --> 00:48:40.833
- But it's just because
you're moving the bed up.

00:48:40.916 --> 00:48:43.291
When you're moving the bed,
your rail should be up.

00:48:49.583 --> 00:48:52.208
(laughing)

00:48:52.291 --> 00:48:55.250
Okay, how do we turn
somebody's head gently?

00:48:55.333 --> 00:48:57.083
How do you position?

00:49:00.125 --> 00:49:03.458
- One, two, three. Turn.

00:49:21.625 --> 00:49:24.250
(gentle piano music)

00:49:58.416 --> 00:50:00.916
(Melissa): Just had a meeting

00:50:01.000 --> 00:50:05.458
with a couple of the defence
lawyers on my Mass Tort cases.

00:50:06.333 --> 00:50:09.291
These are a battle...

00:50:10.500 --> 00:50:12.750
They know that my M.O.

00:50:12.833 --> 00:50:15.708
is fighting against
corporate profits.

00:50:15.791 --> 00:50:18.916
These defence lawyers know
how personal it is to me,

00:50:19.000 --> 00:50:21.166
and they know
how passionate I am.

00:50:21.250 --> 00:50:23.791
They think that's clouding
my judgment.

00:50:23.875 --> 00:50:26.041
And they're going to take
advantage of that.

00:50:28.375 --> 00:50:30.125
And I can't let them.

00:50:33.250 --> 00:50:36.041
I think 50 times
throughout that meeting,

00:50:36.125 --> 00:50:37.541
I just wanted to give up.

00:50:41.625 --> 00:50:44.208
(energetic piano music)

00:51:15.000 --> 00:51:16.458
(sighing)
Okay.

00:51:16.541 --> 00:51:18.750
(indistinct chatter)

00:51:18.833 --> 00:51:20.375
Okay.
- He's still on a call.

00:51:21.041 --> 00:51:23.041
But uh...
- Oh yeah.

00:51:23.125 --> 00:51:25.208
He's still on the phone.
I can see. Okay.

00:51:25.291 --> 00:51:27.208
- We could proceed.

00:51:28.458 --> 00:51:32.416
- Do you guys know...
if we're still waiting

00:51:32.500 --> 00:51:35.208
on any Extendicare records
from defence?

00:51:36.041 --> 00:51:38.625
- Some of them are
out in the CNRS.

00:51:38.708 --> 00:51:40.458
I'm just waiting
for them to come back.

00:51:40.541 --> 00:51:42.916
- Okay. You guys are always
five steps ahead of me.

00:51:43.000 --> 00:51:45.208
Okay. Um...

00:51:45.291 --> 00:51:47.750
And on Revera...

00:51:47.833 --> 00:51:50.333
- No, we're still
waiting for some.

00:51:50.416 --> 00:51:53.166
- Okay. And for the files
we don't have CNRS reports,

00:51:53.250 --> 00:51:56.958
are we waiting on defence
counsel to send us records?

00:51:57.041 --> 00:51:58.083
- Yes.

00:51:58.166 --> 00:51:59.791
- Our hands are completely tied,

00:51:59.875 --> 00:52:01.541
unless we have records.

00:52:01.625 --> 00:52:03.833
They are the keeper
of the records.

00:52:04.750 --> 00:52:06.583
It's just how it is.

00:52:07.750 --> 00:52:10.791
Oh my God! Come on!

00:52:12.666 --> 00:52:16.583
3400 pages in one document.

00:52:16.666 --> 00:52:18.541
- Yeah. So mine is different.

00:52:18.625 --> 00:52:23.333
Each page is tabbed
appropriately.

00:52:23.416 --> 00:52:25.041
- Oh hey, Daniel.
- Hey.

00:52:25.125 --> 00:52:27.708
Sorry I was caught on.
- No, no, it's all good.

00:52:27.791 --> 00:52:30.375
So we're still getting tons
of pushback from my bully.

00:52:30.458 --> 00:52:32.833
What do we have in terms
of investigation

00:52:32.916 --> 00:52:34.708
for the motion on Revera?

00:52:34.791 --> 00:52:38.750
We've got Brett's summaries
from the ministry.

00:52:38.833 --> 00:52:40.958
- Yeah.
- I don't want--

00:52:41.041 --> 00:52:42.583
- 'Cause really all we need
to do is show

00:52:42.666 --> 00:52:44.125
that they're... they're...

00:52:44.208 --> 00:52:45.625
All these cases
are interrelated

00:52:45.708 --> 00:52:47.208
and that's how
we should manage them.

00:52:47.291 --> 00:52:49.583
- I think you're right. I think
that's what we have to do.

00:52:49.666 --> 00:52:53.125
We have to get a sample base
of some of these cases,

00:52:53.208 --> 00:52:55.333
see how they pan out
in discoveries

00:52:55.416 --> 00:52:58.166
so that we get the order
to try these cases together.

00:52:58.250 --> 00:53:00.375
Because only once we have
that order

00:53:00.458 --> 00:53:03.958
can we use the evidence
from one case in the others.

00:53:06.250 --> 00:53:09.375
I really think that we're
doing something so big here.

00:53:09.458 --> 00:53:11.500
I don't even think I get it.

00:53:12.166 --> 00:53:14.750
I know the defence lawyers
don't get it,

00:53:14.833 --> 00:53:17.375
still wanting to put me
forever in the box,

00:53:17.458 --> 00:53:20.541
making me spin my wheels,
bring 58 motions,

00:53:20.625 --> 00:53:23.666
um, you know, keeping me busy.

00:53:23.750 --> 00:53:25.375
They want to keep me busy

00:53:25.458 --> 00:53:27.916
so that I'm not focused
on the big picture.

00:53:28.000 --> 00:53:30.041
(indistinct chatter)

00:53:30.125 --> 00:53:34.666
And I'm trying to keep this
efficient litigation

00:53:34.750 --> 00:53:36.166
as much as possible

00:53:36.250 --> 00:53:39.750
because that's what makes
access to justice.

00:53:40.958 --> 00:53:44.583
It doesn't make sense
to spend my time

00:53:44.666 --> 00:53:47.625
and my team's energy
fixing procedural

00:53:47.708 --> 00:53:51.333
and technical issues
to make the defence feel better

00:53:51.416 --> 00:53:54.333
when I should be spending
my time and resources

00:53:54.416 --> 00:53:57.708
on looking at the substantive
merits of the case

00:53:57.791 --> 00:54:00.708
and trying to get
a resolution for my clients.

00:54:04.166 --> 00:54:08.375
Uh, and I think we have
a really good strategy on...

00:54:08.458 --> 00:54:11.208
So on the Revera cases, we're
really up-to-date on everything.

00:54:11.291 --> 00:54:13.375
The only thing
that we're lacking on

00:54:13.458 --> 00:54:15.708
is some of the CNRS reports,

00:54:15.791 --> 00:54:18.250
which are the summary reports
from that nursing company,

00:54:18.333 --> 00:54:21.291
because we're still waiting
on records from defence.

00:54:21.375 --> 00:54:25.000
- Right. Okay.
- And they're being difficult.

00:54:25.083 --> 00:54:28.708
So I need to, you know,
play back, you know,

00:54:28.791 --> 00:54:31.375
fight hard, and um...
- Well, look,

00:54:31.458 --> 00:54:33.958
don't fight a battle that you
can let a judge fight for you.

00:54:34.041 --> 00:54:37.041
- But then I think that if we're
successful on this motion,

00:54:37.125 --> 00:54:40.166
which I think we will be,
that will help us justify

00:54:40.250 --> 00:54:42.916
a lot of the other disbursements
that we've had

00:54:43.000 --> 00:54:45.125
that are more investigation
in nature.

00:54:45.208 --> 00:54:47.500
- Look. At the end of the day,

00:54:47.583 --> 00:54:50.500
agreement from them or not,
you know,

00:54:50.583 --> 00:54:52.250
I think you know
where I stand with this,

00:54:52.333 --> 00:54:54.000
which is we've got
to spend the money

00:54:54.083 --> 00:54:56.000
that we've got to spend
to do this properly.

00:54:56.083 --> 00:54:59.416
And, you know, you've taken
leadership of this,

00:54:59.500 --> 00:55:02.875
which means if we get stuck
with the leadership

00:55:02.958 --> 00:55:05.708
of the, you know,
financing it, you know,

00:55:05.791 --> 00:55:08.416
as well, I understand that.
I expect that.

00:55:08.500 --> 00:55:10.875
I just want to make sure that
we've got the resources

00:55:10.958 --> 00:55:12.541
that we need internally,

00:55:12.625 --> 00:55:14.166
that you've got the help
that you need.

00:55:26.083 --> 00:55:28.708
(uplifting piano music)

00:56:04.333 --> 00:56:06.291
(birds cawing)

00:56:16.375 --> 00:56:19.125
(camera shutter clicking)

00:56:27.666 --> 00:56:30.291
- I had initially always
wanted to speak out

00:56:30.375 --> 00:56:33.041
about what's going on.
I think the feedback I had got

00:56:33.125 --> 00:56:35.416
is that, you know, I could
potentially be sued.

00:56:35.500 --> 00:56:39.750
Um, and big companies
may sometimes do that

00:56:39.833 --> 00:56:41.875
just to keep people quiet.

00:56:41.958 --> 00:56:44.125
And I think... I think
there's so many people

00:56:44.208 --> 00:56:47.291
who would love to speak out,
but because of that fear,

00:56:47.375 --> 00:56:49.041
don't say anything.

00:56:49.125 --> 00:56:51.458
- Talk to me a little bit
about any concerns

00:56:51.541 --> 00:56:53.083
that you had working
at the home.

00:56:53.166 --> 00:56:55.125
You had issues that have
obviously come up

00:56:55.208 --> 00:56:56.958
that had, you know,
tainted your view,

00:56:57.041 --> 00:56:58.833
you know, thought that it
wasn't a good fit for you?

00:56:58.916 --> 00:57:01.666
- Um, I had a lot
of pressure to...

00:57:01.750 --> 00:57:04.166
If there was individuals
with responsive behaviours

00:57:04.250 --> 00:57:06.916
and... and causing trouble,

00:57:07.000 --> 00:57:09.125
just causing trouble
with quotation marks,

00:57:09.208 --> 00:57:10.750
they weren't able
to support them

00:57:10.833 --> 00:57:12.666
I'd have a lot of pressure, um,

00:57:12.750 --> 00:57:15.250
to harass the families
to change the facility.

00:57:15.333 --> 00:57:16.875
- It's too much trouble
to look after them.

00:57:16.958 --> 00:57:18.458
- Yes.
- Then...

00:57:18.541 --> 00:57:20.541
Try to get them elsewhere.
- Try to get them out.

00:57:20.625 --> 00:57:22.125
Try to get them elsewhere.

00:57:22.208 --> 00:57:23.916
Try to pressure the families
into agreeing

00:57:24.000 --> 00:57:25.750
to get them elsewhere,
even though, you know,

00:57:25.833 --> 00:57:27.750
families may be living close by.
And this is more...

00:57:27.833 --> 00:57:29.750
- It was convenient for them.
- It was convenient.

00:57:29.833 --> 00:57:31.250
- And they're paying
the money to be there.

00:57:31.333 --> 00:57:32.958
- And they're paying the money
to be there. Absolutely.

00:57:33.041 --> 00:57:35.250
But my role was to try
to pressure them

00:57:35.333 --> 00:57:37.041
into going to another facility

00:57:37.125 --> 00:57:38.958
and make it as appealing
as possible

00:57:39.041 --> 00:57:41.708
to leave our facility
and go elsewhere, right,

00:57:41.791 --> 00:57:43.833
which made me very
uncomfortable.

00:57:43.916 --> 00:57:46.083
- And what are you doing now?
- So a lot of people sometimes

00:57:46.166 --> 00:57:47.750
are surprised because
I went from social worker

00:57:47.833 --> 00:57:49.333
to now I'm a union rep.

00:57:49.416 --> 00:57:52.500
But the units that I look after

00:57:52.583 --> 00:57:54.791
are retirement homes
and long-term care homes.

00:57:54.875 --> 00:57:56.291
- Mm-hmm.
- So I wasn't able

00:57:56.375 --> 00:57:57.791
to fully leave it.
And I didn't want to.

00:57:57.875 --> 00:57:59.625
But I wanted to do more
meaningful work

00:57:59.708 --> 00:58:01.916
where I was changing
a structure.

00:58:02.958 --> 00:58:05.125
This is end of life. Right?

00:58:05.208 --> 00:58:08.416
We really need to focus
on ensuring

00:58:08.500 --> 00:58:10.541
that our interactions
are meaningful

00:58:10.625 --> 00:58:12.458
and people are treated
with respect and dignity.

00:58:12.541 --> 00:58:13.916
And unfortunately,
with the staffing levels,

00:58:14.000 --> 00:58:15.458
it's not possible.

00:58:17.125 --> 00:58:19.791
(hubbub)

00:58:24.791 --> 00:58:27.250
(eerie music)

00:58:30.291 --> 00:58:32.958
(beeping)

00:58:33.041 --> 00:58:36.916
- Some of the residents
needed help

00:58:37.000 --> 00:58:40.291
with more than
what we were able to do.

00:58:42.458 --> 00:58:48.375
Maybe someone would prefer
to go to the actual washroom,

00:58:48.458 --> 00:58:53.375
but you by yourself don't have
time to take them.

00:58:53.458 --> 00:58:58.375
And so, you can see that you are
somewhat disappointing them

00:58:58.458 --> 00:59:02.583
when they have to just use
the diaper instead.

00:59:05.541 --> 00:59:08.333
It leaves you with a feeling
that your work

00:59:08.416 --> 00:59:10.416
doesn't have enough meaning.

00:59:11.708 --> 00:59:15.416
It started to feel like it was
difficult for me to help.

00:59:15.500 --> 00:59:18.625
I was being coerced
into making decisions

00:59:18.708 --> 00:59:20.666
that were not good for me.

00:59:20.750 --> 00:59:23.458
I felt like I needed to get out.

00:59:23.541 --> 00:59:27.416
(eerie music)

00:59:36.500 --> 00:59:38.666
It shouldn't be so hard to help.

00:59:48.458 --> 00:59:53.541
- When we lost almost
4000 residents of COVID

00:59:53.625 --> 00:59:57.250
was it did expose the crisis
in long-term care

00:59:57.333 --> 00:59:59.625
that existed long before
the pandemic.

01:00:00.541 --> 01:00:04.583
The front-line workers who,
you know,

01:00:04.666 --> 01:00:08.625
worked 56 days straight
of 12-hour shifts,

01:00:08.708 --> 01:00:11.125
living in a trailer
outside of a nursing home

01:00:11.208 --> 01:00:13.000
away from their family...

01:00:17.291 --> 01:00:21.958
The workers that had to put
the residents that they loved

01:00:22.041 --> 01:00:25.250
in body bags
because the funeral homes

01:00:25.333 --> 01:00:26.958
couldn't come into these homes.

01:00:27.041 --> 01:00:30.625
They had to block all of their
orifices because of COVID.

01:00:30.708 --> 01:00:32.666
You know, these were the things

01:00:32.750 --> 01:00:35.666
that were real
for these workers.

01:00:35.750 --> 01:00:40.041
And, you know, they suffered
unimaginable trauma.

01:00:40.125 --> 01:00:42.625
I mean, imagine,
you know, one day,

01:00:42.708 --> 01:00:45.958
you're the activity coordinator
at a long-term care home.

01:00:46.083 --> 01:00:50.291
And the next day,
your job is to operate the iPad

01:00:50.375 --> 01:00:52.416
so that families...

01:00:58.958 --> 01:01:02.416
...so that families can say
their last goodbyes.

01:01:02.500 --> 01:01:05.208
It's not what
they expected. Sorry.

01:01:09.166 --> 01:01:12.166
Anyways, nobody's too concerned

01:01:12.250 --> 01:01:15.708
about their trauma
and their mental health.

01:01:16.791 --> 01:01:18.833
And it's...

01:01:18.916 --> 01:01:22.541
It's just...
It's disappointing.

01:01:22.625 --> 01:01:24.666
And a lot of these workers,

01:01:24.750 --> 01:01:27.208
a lot of these women
are on autopilot.

01:01:27.958 --> 01:01:30.083
And something's going to snap.

01:01:30.166 --> 01:01:34.291
And if nothing changes,
they're going to leave.

01:01:34.375 --> 01:01:37.083
And things will be far worse.

01:01:42.708 --> 01:01:45.041
(melancholy music)

01:02:07.375 --> 01:02:09.458
- What are you hoping
to get out of this?

01:02:09.541 --> 01:02:12.208
- It's inhumane.
And it has to stop.

01:02:12.291 --> 01:02:14.208
There has to be
a standard of care.

01:02:14.291 --> 01:02:18.166
There has to be some
form of justice, too.

01:02:18.250 --> 01:02:22.791
- But we've talked before
about the complexity

01:02:22.875 --> 01:02:27.083
of the liability situation
in your case. Right?

01:02:27.166 --> 01:02:30.125
- The only thing that I can
under oath talk about

01:02:30.208 --> 01:02:33.625
is what I personally
experienced in the hospital.

01:02:33.708 --> 01:02:40.083
It was their responsibility
to report the nursing home.

01:02:40.166 --> 01:02:43.041
- The moment you point
the finger at anybody else

01:02:43.125 --> 01:02:46.625
other than the home,
we don't have a case.

01:02:46.708 --> 01:02:49.541
You know, your dad
died of sepsis.

01:02:49.625 --> 01:02:51.500
And where did that start?

01:02:52.666 --> 01:02:55.041
At the home.
- That's true. Mm-hmm.

01:02:56.166 --> 01:02:58.500
- This is our theory
of the case.

01:02:58.583 --> 01:03:01.208
Every time we have
this conversation,

01:03:01.291 --> 01:03:03.083
it's the same thing.
And it's challenging

01:03:03.166 --> 01:03:06.250
because it's emotional.
It's not just her.

01:03:06.333 --> 01:03:08.416
It's all clients. You know?
It's emotional.

01:03:08.500 --> 01:03:11.916
They want anyone and everyone
who ever touched their loved one

01:03:12.000 --> 01:03:14.375
or did something wrong to pay

01:03:14.458 --> 01:03:17.250
because they're angry
and they're frustrated.

01:03:17.333 --> 01:03:19.958
And, you know,
to try to corral that

01:03:20.041 --> 01:03:22.958
into a distilled legal theory

01:03:23.041 --> 01:03:26.625
that can actually succeed
flies in the face of emotion.

01:03:27.458 --> 01:03:30.375
It's something
that terrifies me.

01:03:34.125 --> 01:03:36.333
(echoing piano music)

01:03:50.125 --> 01:03:52.625
- You've chosen
to remain anonymous.

01:03:52.708 --> 01:03:55.708
- Corporations
that are interlinked,

01:03:55.791 --> 01:03:57.333
there can be blowback.

01:03:57.416 --> 01:04:00.166
I don't want them to say,
"Oh, you can't come back here"

01:04:00.250 --> 01:04:03.041
because then I know
all of those residents

01:04:03.125 --> 01:04:05.750
that I look after
will get no care.

01:04:05.833 --> 01:04:07.875
- And never once... Now,
when I'm speaking with you,

01:04:07.958 --> 01:04:10.083
never once have I seen
even a mention

01:04:10.166 --> 01:04:12.958
in hundreds and hundreds
of reports about oral care.

01:04:13.041 --> 01:04:16.125
- Yeah. So these are
some photos I've taken.

01:04:16.208 --> 01:04:19.666
This is just some of the broken
and decayed teeth.

01:04:19.750 --> 01:04:23.458
You can literally walk past
a resident's room

01:04:23.541 --> 01:04:26.500
and know how bad
their periodontal disease is

01:04:26.583 --> 01:04:28.208
by smelling that room.

01:04:28.291 --> 01:04:32.583
Um... This is actually
somebody's upper denture.

01:04:32.666 --> 01:04:35.541
I've actually seen somebody
that they didn't take out

01:04:35.625 --> 01:04:37.333
their denture
for a couple of years.

01:04:37.416 --> 01:04:39.708
- That's so...
- That's up inside the denture.

01:04:39.791 --> 01:04:41.125
- Wow.

01:04:41.208 --> 01:04:43.875
- This lady injured her tongue.

01:04:43.958 --> 01:04:47.000
They didn't know why she was
in so much discomfort.

01:04:47.083 --> 01:04:48.708
- Wait. If they had her
open up her mouth

01:04:48.791 --> 01:04:50.708
or put on gloves or looked
at her tongue or whatever,

01:04:50.791 --> 01:04:52.541
they would have been able
to see all of this stuff.

01:04:52.625 --> 01:04:54.125
- Exactly.
- And that should be part

01:04:54.208 --> 01:04:56.333
of just your basic care
and evaluation, I would think.

01:04:56.416 --> 01:04:59.458
- We know there's links
between Alzheimer's,

01:04:59.541 --> 01:05:02.625
dementia, heart disease,
inflammatory diseases,

01:05:02.708 --> 01:05:06.125
arthritis, revolving around
the oral cavity not being clean.

01:05:06.208 --> 01:05:07.666
- Wow.

01:05:07.750 --> 01:05:10.333
- People shouldn't die
of dirty teeth.

01:05:10.416 --> 01:05:12.166
And that's what we're seeing.

01:05:12.250 --> 01:05:14.958
- That's... That's disgusting.
- Mm-hmm.

01:05:15.041 --> 01:05:16.458
- It's...

01:05:18.708 --> 01:05:20.250
- The mouth is forgotten.

01:05:20.333 --> 01:05:22.541
People close their lips
and that's it.

01:05:23.375 --> 01:05:26.333
(eerie music)

01:05:47.458 --> 01:05:49.958
(slow musical swell)

01:05:51.666 --> 01:05:54.416
- I don't know if we see
long-term care facilities

01:05:54.500 --> 01:05:57.166
as being a seminal part
of our environment.

01:05:57.250 --> 01:06:01.041
They are places that we send
old people to die.

01:06:03.166 --> 01:06:07.125
Anything that kind of makes our
mainstream feel uncomfortable,

01:06:07.208 --> 01:06:08.916
we want to hide folks away.

01:06:09.000 --> 01:06:11.333
And that's why I think
the connection between

01:06:11.416 --> 01:06:15.833
how I conduct carceral spaces
and long-term care

01:06:15.916 --> 01:06:18.291
is because we do the same thing
with folks who are in prison.

01:06:18.375 --> 01:06:20.208
We send elders away.

01:06:20.291 --> 01:06:23.166
We send people with cognitive
differences away.

01:06:23.250 --> 01:06:26.583
We hide children who learn
differently away.

01:06:26.666 --> 01:06:29.041
So there's this, you know,

01:06:29.125 --> 01:06:35.125
there's this continuum,
this narrative of shame

01:06:35.208 --> 01:06:38.875
that we attach
to people's bodies

01:06:38.958 --> 01:06:42.000
who are marginal
and that are seen as different.

01:06:50.916 --> 01:06:53.458
- I think that long-term care
can be good.

01:06:53.541 --> 01:06:55.541
I think what we have
to do though,

01:06:55.625 --> 01:06:58.583
is start to think
about congregate care

01:06:58.666 --> 01:07:00.583
being a positive option.

01:07:00.666 --> 01:07:04.791
And in fact, surveys in Sweden
showed that the majority

01:07:04.875 --> 01:07:07.458
of older people
said if they needed help

01:07:07.541 --> 01:07:09.208
with more than
two things at home,

01:07:09.291 --> 01:07:11.583
they wanted to go
into a nursing home.

01:07:11.666 --> 01:07:14.416
So... And so, then
you need to ask why.

01:07:14.500 --> 01:07:17.833
It's because they have
appropriate staffing,

01:07:17.916 --> 01:07:21.250
because they do allow people
to take some risks,

01:07:21.333 --> 01:07:24.416
because they do give
their staff more autonomy,

01:07:24.500 --> 01:07:28.875
because they do have lots
of access to outdoor spaces.

01:07:28.958 --> 01:07:33.000
They do integrate the homes
in the community,

01:07:33.083 --> 01:07:35.041
so it's not segregated.

01:07:36.125 --> 01:07:40.625
We need to have community
spaces where generations

01:07:40.708 --> 01:07:44.916
intermingle and you don't feel
like you've been isolated

01:07:45.000 --> 01:07:47.166
from the rest of the world.

01:07:57.000 --> 01:07:59.625
(slow uplifting music)

01:08:24.166 --> 01:08:27.083
(indistinct chatter)

01:08:27.166 --> 01:08:29.458
(Melissa): I'm actually
litigating these cases now,

01:08:29.541 --> 01:08:31.166
which feels good.

01:08:31.250 --> 01:08:34.166
And it feels scary
because now it's real.

01:08:34.250 --> 01:08:37.416
The cases are unfolding.

01:08:41.250 --> 01:08:44.666
I don't even have a sense
of how successful

01:08:44.750 --> 01:08:46.083
I'm going to be or not.

01:08:46.166 --> 01:08:47.958
Uh, we'll see.

01:08:48.041 --> 01:08:51.000
And um, we've done
a lot of culling

01:08:51.083 --> 01:08:53.916
and figuring out which cases
we are viable

01:08:54.000 --> 01:08:56.208
and we can proceed with. And
I think the ones that we have

01:08:56.291 --> 01:08:58.416
that are remaining
are viable cases

01:08:58.500 --> 01:09:00.708
that deserve
the court's attention.

01:09:05.166 --> 01:09:07.541
(gentle rhythmic swells)

01:09:23.250 --> 01:09:25.708
We're here because
of a pressure injury

01:09:25.791 --> 01:09:27.916
that led to a bone infection.

01:09:28.000 --> 01:09:32.416
- Uh, I asked the nurse
to show it to me.

01:09:32.500 --> 01:09:36.583
And when she pulled
the Band-Aids off, um...

01:09:37.708 --> 01:09:42.958
I went into shock because as
she pulled the Band-Aids off,

01:09:43.041 --> 01:09:45.208
there were strings
of green infection

01:09:45.291 --> 01:09:47.083
that came away from it.

01:09:47.166 --> 01:09:50.416
And the hole in her body...

01:09:53.166 --> 01:09:54.625
...was unbelievable.

01:09:55.708 --> 01:09:57.791
I can only describe it
that I could probably

01:09:57.875 --> 01:09:59.041
put my fist into it.

01:10:00.500 --> 01:10:04.000
- Do you recognize these photos?
- I remember them very well.

01:10:04.083 --> 01:10:06.250
I could see her tailbone.

01:10:12.875 --> 01:10:17.083
I said to the doctor, "If I had
brought my mother to you,

01:10:17.166 --> 01:10:20.208
if she was in my care,
would you not be reporting me

01:10:20.291 --> 01:10:22.750
for elder abuse?"
He said, "Yes.

01:10:22.833 --> 01:10:24.708
However, there is no law
that requires me

01:10:24.791 --> 01:10:29.208
to report a medical facility
for improper care."

01:10:29.291 --> 01:10:31.541
- Cross-examination,
Mr. Wagman?

01:10:31.625 --> 01:10:34.416
- You and your mother together

01:10:34.500 --> 01:10:37.916
chose which home
she eventually ended up in.

01:10:38.000 --> 01:10:39.083
Didn't you?
- No.

01:10:39.166 --> 01:10:41.333
- You chose it.
- No.

01:10:41.416 --> 01:10:43.333
We accepted a bed offer.

01:10:43.416 --> 01:10:46.041
- Sorry. Who forced you to take
your mother into that home?

01:10:46.125 --> 01:10:48.000
Who came to the house
and forced you to do that?

01:10:48.083 --> 01:10:49.416
- Nobody.

01:10:49.500 --> 01:10:52.958
- We established
that at her house,

01:10:53.041 --> 01:10:56.041
she had two,
you and another caregiver,

01:10:56.125 --> 01:10:57.958
full-time, doing nothing

01:10:58.041 --> 01:10:59.916
but looking after
your mother, correct?

01:11:00.000 --> 01:11:01.291
- Yes.
- And you did not expect

01:11:01.375 --> 01:11:03.541
that your mother was going
to have two full-time

01:11:03.625 --> 01:11:05.708
dedicated caregivers
looking after her

01:11:05.791 --> 01:11:08.250
in the long-term care home?
Did you?

01:11:08.333 --> 01:11:10.291
- Mmm... No.

01:11:10.375 --> 01:11:13.375
- So in December of 2018,

01:11:13.458 --> 01:11:16.125
months and months
before the pressure sore

01:11:16.208 --> 01:11:18.333
that brings us here today.
- Mm-hmm.

01:11:18.416 --> 01:11:20.166
- You were informed that your
mother had a pressure sore.

01:11:20.250 --> 01:11:22.208
Isn't that true?
- Yes. Yes.

01:11:22.291 --> 01:11:23.833
- When did you first
see it for yourself?

01:11:23.916 --> 01:11:25.333
- I didn't.

01:11:26.125 --> 01:11:28.208
- You didn't...
You didn't come

01:11:28.291 --> 01:11:29.958
and look at the sore
that you were told about?

01:11:30.041 --> 01:11:32.958
- No. They told me it was minor

01:11:33.041 --> 01:11:34.916
and they were just
treating it with cream.

01:11:35.000 --> 01:11:38.833
And soon after that,
they said it had healed.

01:11:38.916 --> 01:11:41.833
- The home told you that
she needed hospital care.

01:11:41.916 --> 01:11:44.000
And you agreed, correct?
- Yes.

01:11:44.083 --> 01:11:46.250
- And the wound was treated?
- Yes.

01:11:46.333 --> 01:11:49.916
- And after five days,
where did she go?

01:11:50.000 --> 01:11:52.458
- Back to the home.
- You didn't demand that

01:11:52.541 --> 01:11:54.250
she be moved
to a different home?

01:11:54.333 --> 01:11:57.125
- No.
- Your mother was 90

01:11:57.208 --> 01:11:59.166
when she was discharged
from the home,

01:11:59.250 --> 01:12:00.750
you said in October of 2019,
correct?

01:12:00.833 --> 01:12:02.583
- Mm-hmm.
- Are you aware

01:12:02.666 --> 01:12:04.916
that the life expectancy
for females in Canada

01:12:05.000 --> 01:12:07.666
is currently around 84 years?

01:12:10.583 --> 01:12:13.250
- Ah, I think I require
a short recess, Your Honour.

01:12:13.333 --> 01:12:15.458
(laughing)
- I'm sorry, by the way.

01:12:15.541 --> 01:12:17.916
We spend our entire lives
trying to help people.

01:12:18.000 --> 01:12:20.208
And then in, 10 minutes...
- Yeah.

01:12:20.291 --> 01:12:23.875
- I make your life miserable.
And that's not an easy thing.

01:12:23.958 --> 01:12:29.916
- By the way, I've never seen
Adam this way, ever.

01:12:30.000 --> 01:12:32.708
- I don't think in real life
that's how it goes down.

01:12:32.791 --> 01:12:34.083
- No.
- Melissa asked me...

01:12:34.166 --> 01:12:35.541
- Right?
- ...to be a bully.

01:12:35.625 --> 01:12:37.458
- I got to tell you guys,
I've seen it.

01:12:37.541 --> 01:12:38.958
- And I think
the important thing is

01:12:39.041 --> 01:12:41.291
is part of the preparation
is you have to be prepared

01:12:41.375 --> 01:12:43.166
for this to go either way.

01:12:43.250 --> 01:12:45.458
- But, you know, I kept waiting,

01:12:45.541 --> 01:12:47.000
you know, for some...
- I know.

01:12:47.083 --> 01:12:49.041
- Forgive me for being
somewhat crass here.

01:12:49.125 --> 01:12:50.708
For someone saying, you know,

01:12:50.791 --> 01:12:52.708
I didn't ask to turn them over,
you know,

01:12:52.791 --> 01:12:54.666
they didn't turn...
they didn't do anything!

01:12:54.750 --> 01:12:56.583
She ended up with a fist-sized
hole in her back!

01:12:56.666 --> 01:12:59.041
- I felt that she had the care,

01:12:59.125 --> 01:13:01.916
the professional care
that she required.

01:13:02.000 --> 01:13:04.208
There were doctors.
There were nurses on staff.

01:13:04.291 --> 01:13:06.875
I could never provide that to
her in the home, in our home.

01:13:06.958 --> 01:13:10.125
- That's got to be the answer.
I trusted them.

01:13:10.208 --> 01:13:12.000
- Yeah, I was just
going to say...

01:13:12.083 --> 01:13:14.375
(both): I trusted them
to provide the care.

01:13:14.458 --> 01:13:16.666
- Right.
- And I trusted them to tell me

01:13:16.750 --> 01:13:18.791
if something else was wrong!

01:13:18.875 --> 01:13:20.958
And telling me that there's
a little pressure wound,

01:13:21.041 --> 01:13:24.083
and then seeing this
two months later... They lied!

01:13:24.166 --> 01:13:28.916
- I mean, your mother, this is
excruciatingly painful, okay?

01:13:29.000 --> 01:13:32.375
And she lived with this
for a year and a half

01:13:32.458 --> 01:13:36.000
before she passed away.
This is not a standard

01:13:36.083 --> 01:13:37.791
of reasonableness in Canada.

01:13:37.875 --> 01:13:42.583
This cannot be
what we allow to happen

01:13:42.666 --> 01:13:44.708
in our long-term care homes.

01:13:44.791 --> 01:13:47.166
- And the person who wins
the trial is the person

01:13:47.250 --> 01:13:51.416
who convinces the jury
that their story is the story.

01:13:59.500 --> 01:14:01.500
(melancholy music)

01:14:28.750 --> 01:14:31.666
- Okay. So I just
attended court,

01:14:31.750 --> 01:14:34.916
and we don't have a decision.
We don't have an outcome.

01:14:35.000 --> 01:14:38.916
Uh, the judge adjourned
the issue of whether

01:14:39.000 --> 01:14:42.833
he should be managing the group
of Revera cases.

01:14:42.916 --> 01:14:44.750
You know, I was
a little disappointed

01:14:44.833 --> 01:14:48.416
because his opening comments
were that he was siding,

01:14:48.500 --> 01:14:50.208
he was going to lean
towards the defence.

01:14:50.291 --> 01:14:53.083
As long as these cases
are litigated separately,

01:14:53.166 --> 01:14:58.875
uh, then it will be extremely
difficult, if not impossible,

01:14:58.958 --> 01:15:02.708
for me to point
to systemic issues.

01:15:02.791 --> 01:15:05.500
It will be very difficult
for me to climb all the way up

01:15:05.583 --> 01:15:08.791
and get the documents
that I need in order to prove

01:15:08.875 --> 01:15:11.708
that there are underlying
corporate systemic issues.

01:15:11.791 --> 01:15:13.958
And they know that, which is why
they want to keep it separate.

01:15:16.250 --> 01:15:19.750
Am I going to be successful in
proving these systemic issues?

01:15:20.375 --> 01:15:21.916
I don't know.

01:15:24.541 --> 01:15:27.625
The judge gave us extra
homework because usually,

01:15:27.708 --> 01:15:30.208
like with Mass Torts,
the lawyers agree.

01:15:30.291 --> 01:15:33.375
- It's only going to take
one smoking gun

01:15:33.458 --> 01:15:35.958
to blow this open.
- Yeah.

01:15:36.041 --> 01:15:37.958
And they know that.
- Oh, of course.

01:15:38.041 --> 01:15:40.750
And that's why they're making it
as difficult as possible.

01:15:40.833 --> 01:15:43.708
You've just got
to accept the fact

01:15:43.791 --> 01:15:46.791
that they are going to make
your life difficult.

01:15:46.875 --> 01:15:49.541
It's so infuriating,
when you think about

01:15:49.625 --> 01:15:51.250
who your clients are,

01:15:51.333 --> 01:15:53.500
the grief and the tragedy
that the families

01:15:53.583 --> 01:15:55.083
have been through,

01:15:55.166 --> 01:15:58.625
to then put them through
years of litigation.

01:15:58.708 --> 01:16:01.833
- Mm-hmm.
- It's honestly mean.

01:16:01.916 --> 01:16:04.541
- Here's what I'm going
to tell the jury.

01:16:04.625 --> 01:16:07.791
"Old people don't matter and
their lives are worth nothing.

01:16:07.875 --> 01:16:10.541
And if you don't like
the way that sounds,

01:16:10.625 --> 01:16:12.958
then you need
to rethink your position."

01:16:14.083 --> 01:16:19.458
- I only ever looked at this
through a legal lens. Right?

01:16:20.583 --> 01:16:23.750
Dad gets diagnosed with a brain
tumour three months ago.

01:16:23.833 --> 01:16:28.750
Every single day is a gift.

01:16:28.833 --> 01:16:31.375
Every hour I get to spend
with him,

01:16:31.458 --> 01:16:36.208
every meal I get to have
with him is a gift.

01:16:36.291 --> 01:16:39.041
But when you get to be at an age

01:16:39.125 --> 01:16:42.500
where you know
that your time is coming,

01:16:42.583 --> 01:16:47.041
every day,
reading the paper is...

01:16:47.125 --> 01:16:48.875
is an event.

01:16:48.958 --> 01:16:52.166
That morning cup of coffee
that you get to enjoy,

01:16:52.250 --> 01:16:54.833
I mean, those are
moments that...

01:16:54.916 --> 01:16:57.583
You can almost count
the number that are left.

01:16:57.666 --> 01:17:00.833
And to either have the rest
of them taken away from you,

01:17:00.916 --> 01:17:04.916
or to have the rest of them
lived through an experience

01:17:05.000 --> 01:17:09.416
of pain and suffering,
you know...

01:17:11.333 --> 01:17:13.666
That's just not right.

01:17:13.750 --> 01:17:17.041
- I've had people say
to me, "God, Melissa.

01:17:17.125 --> 01:17:19.416
You know, everything
that you've told me,

01:17:19.500 --> 01:17:21.375
I'm not going
into long-term care.

01:17:21.458 --> 01:17:23.666
I want to be euthanized
before that happens.

01:17:23.750 --> 01:17:25.291
Just shoot me."
- Yeah, right.

01:17:25.375 --> 01:17:28.708
- "I don't want to live.
I'm not doing it."

01:17:28.791 --> 01:17:30.875
And I say...

01:17:33.041 --> 01:17:36.166
"I can assure you that most
of the people who are currently

01:17:36.250 --> 01:17:39.958
in long-term care
felt the way that you do,

01:17:40.041 --> 01:17:42.833
not as if you have an option."

01:17:42.916 --> 01:17:45.416
- At some point,
you probably don't.

01:17:57.916 --> 01:18:01.333
(Melissa): There's really
one question

01:18:01.416 --> 01:18:04.416
that I want a jury to consider.

01:18:04.500 --> 01:18:07.166
I would ask it like this...

01:18:09.000 --> 01:18:11.541
"Imagine the person
you love the most.

01:18:11.625 --> 01:18:13.875
Really think about that person.

01:18:17.166 --> 01:18:22.875
Now imagine that person can
no longer care for themselves.

01:18:22.958 --> 01:18:25.791
And you can't care for them.

01:18:25.875 --> 01:18:28.791
You must rely on others.

01:18:31.208 --> 01:18:33.416
And then something happens.

01:18:34.583 --> 01:18:36.291
What would you do?

01:18:38.791 --> 01:18:42.791
How hard would you fight
to make sure that your loved one

01:18:42.875 --> 01:18:45.000
is properly cared for?"

01:18:59.208 --> 01:19:01.250
Hi, Judith.
Hi, Miriam.

01:19:01.333 --> 01:19:02.958
It's so nice to see you guys.

01:19:03.041 --> 01:19:04.583
I know it's been a little while

01:19:04.666 --> 01:19:06.208
since we settled your case
in the summer.

01:19:06.291 --> 01:19:07.916
And let's be clear.

01:19:08.000 --> 01:19:10.625
I mean, this is a successful
outcome, okay?

01:19:10.708 --> 01:19:12.666
We settled out of court.
We didn't go to a jury.

01:19:12.750 --> 01:19:16.083
How are you feeling?
- Well, really, the best thing

01:19:16.166 --> 01:19:21.500
which came out from the whole
thing is that I chose you.

01:19:22.666 --> 01:19:27.625
And you really specialize
in these kind of cases.

01:19:27.708 --> 01:19:31.750
I also learned with this journey

01:19:31.833 --> 01:19:36.250
and with you as a part of it
that we have to stand up.

01:19:36.333 --> 01:19:38.500
It's...
- It's hard.

01:19:38.583 --> 01:19:40.666
- It's hard because
they're telling you

01:19:40.750 --> 01:19:42.291
that you're not right.

01:19:42.375 --> 01:19:45.083
But you have to keep on going.

01:19:45.166 --> 01:19:50.458
And that's why after
almost five years now,

01:19:50.541 --> 01:19:52.916
we came to this settlement.

01:19:53.000 --> 01:19:55.583
And it's thanks to you.

01:19:55.666 --> 01:19:57.375
Thanks to you.

01:19:57.458 --> 01:19:59.333
- Well, really thanks to you.

01:19:59.416 --> 01:20:03.041
I mean, if you didn't come
forward and be open

01:20:03.125 --> 01:20:05.541
and vulnerable about
what happened to Fred,

01:20:05.625 --> 01:20:07.416
I wouldn't have been able
to help you.

01:20:07.500 --> 01:20:11.833
You know, one of the things,
Judith, that always resonated

01:20:11.916 --> 01:20:16.833
with me is that you trusted
your gut with Fred all along.

01:20:16.916 --> 01:20:19.875
There is no one that knew
him better than you.

01:20:19.958 --> 01:20:24.291
And even when they were telling
you nothing was wrong,

01:20:24.375 --> 01:20:27.416
you still trusted your gut.
And you knew that it was.

01:20:27.500 --> 01:20:29.458
And you listened to that.

01:20:29.541 --> 01:20:31.750
- Yeah.
- How are you feeling?

01:20:31.833 --> 01:20:35.750
Do you feel like a weight gone
with the litigation over?

01:20:37.041 --> 01:20:41.708
- You can almost grieve
properly, I think at that point.

01:20:41.791 --> 01:20:44.291
You can start thinking
about nicer things.

01:20:44.375 --> 01:20:48.375
And if...
You can breathe, I think,

01:20:48.458 --> 01:20:51.083
and kind of like...
(sighing)

01:20:51.166 --> 01:20:53.458
It was a big relief.

01:20:54.791 --> 01:20:56.958
(slow suspenseful music)

01:21:30.041 --> 01:21:32.166
(Melissa): Everything
that I've been doing

01:21:32.250 --> 01:21:34.000
and everything that other people
have been doing

01:21:34.083 --> 01:21:36.166
in long-term care
and other advocates

01:21:36.250 --> 01:21:39.916
in this sphere have brought
a sense of urgency.

01:21:40.000 --> 01:21:42.750
Long-term care is in crisis.

01:21:55.666 --> 01:21:59.125
I just have to keep pushing
as much as possible

01:21:59.208 --> 01:22:04.125
and digging as much as possible
so that I can keep trying.

01:22:04.833 --> 01:22:07.291
I'm only at the beginning
of this fight.

01:22:12.541 --> 01:22:14.958
(The Secret Sisters -
"Hold You Dear")

01:22:18.125 --> 01:22:21.541
♪ To the lover of my youth ♪

01:22:21.625 --> 01:22:25.000
♪ The solace for my age ♪

01:22:25.083 --> 01:22:29.416
♪ My protection
from what harms ♪

01:22:31.000 --> 01:22:37.083
♪ You will reach for me
on our darkest days ♪

01:22:37.166 --> 01:22:42.500
♪ And I will come home
to your arms ♪

01:22:43.416 --> 01:22:48.666
♪ And I will hold you dear ♪

01:22:49.750 --> 01:22:56.541
♪ While my shadow's long
and my eyes are clear ♪

01:22:56.625 --> 01:23:02.750
♪ I know these days
will pass away ♪

01:23:02.833 --> 01:23:08.333
♪ So I will hold you dear ♪

01:23:13.250 --> 01:23:19.375
♪ Oh, blessed mother
and the father I adore ♪

01:23:19.458 --> 01:23:25.000
♪ There is time
upon your faces ♪

01:23:26.000 --> 01:23:31.458
♪ I will cherish you
until you leave me ♪

01:23:31.541 --> 01:23:38.250
♪ For your eternal
holy places ♪

01:23:41.583 --> 01:23:47.000
♪ And I will hold you dear ♪

01:23:48.208 --> 01:23:54.500
♪ While my shadow's long
and my eyes are clear ♪

01:23:54.583 --> 01:24:00.666
♪ I know these days
will pass away ♪

01:24:00.750 --> 01:24:06.541
♪ So I will hold you dear ♪

01:24:41.208 --> 01:24:47.625
♪ You're a part of me
and the one I love ♪

01:24:48.375 --> 01:24:53.250
♪ The sweetest years
won't tarry ♪

01:24:54.500 --> 01:25:01.083
♪ You will reach for me
when my arms are full ♪

01:25:01.166 --> 01:25:06.791
♪ And I will lay down
the things I carry ♪

01:25:07.583 --> 01:25:12.750
♪ And I will hold you dear ♪

01:25:14.250 --> 01:25:20.500
♪ While my shadow's long
and my eyes are clear ♪

01:25:20.583 --> 01:25:26.916
♪ I know these days
will pass away ♪

01:25:27.000 --> 01:25:33.916
♪ So I will hold you dear ♪♪