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Alberta seniors lose lengthy legal fight overlong-term care costs

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The Elder Advocates of Alberta Society et al have lost the lengthy legal fight with the province over long-term care fees.

“We are shocked and saddened by the dismissal”, said Ruth Adria of Elder Advocates of Alberta Society, “This will just make things worse for seniors.”

Court of Queen’s Bench Justice June Ross ruled that the government was within its rights to raise accommodation charges for long-term care residents in 2003.

When the 128M action was filed against the Crown and the Health Regions, it was alleged that the province was negligent and acted in bad faith when it hiked accommodation fees for standard and semi-private rooms by 40 per cent and rates for private rooms by 48 per cent.

The action was not primarily about money, it was about rights, about the way the government treats its’ older citizens.
This was a landmark case, the first of its kind in Canadian history.

When in her ruling, Court of Queens Bench, Madame Justice Sheila Greckol, certified the action in 2007, wrote that the lawsuit could proceed on allegations of breach of contract, breach of duty, the overcharging of fees and unlawful discrimination under the Charter of Rights.

It should be noted, this concerned only 0.4 % of the Alberta population, essentially those elderly persons who built the wealth of this province.

In certifying the law suit, the court acknowledged that there were serious issues that needed to be examined.
It was alleged that the residents of long-term care facilities have been subsidizing health-care costs that are insured under the Canada Health Act.


Below is a SEMI-PRIVATE room divided by a curtain.
This curtained room generates

(accommodation charges) $3,446.00 – month

$41, 592.00 – annually.

(This was the room where Dora Cinciruk was unlawfully detained)

The above room is part of this small hallway, total of 12 rooms.
12 Rooms and 24 seniors.

There are:
Two 4 person rooms – $13,088 ($1,636) Annually $157,056

Four private rooms $7,968 ($1,992) Annually $95,616

Six semi-private rooms $20,676 ($1,723) Annually $248,112

Monthly accommodation income from small hallway $41,732

Annual accommodation charges income from small hallway $500,784.

Based on that small hallway, that building of 120 senior patients grosses $2,503,920.

The 2 and a half million pays for the space the senior lives in and the food the elderly eat.

It must be understood that the nurses, the care aides, the nursing care, medications, is all paid by Canada Health, Federal tax dollars.