Hospital alleges its floors aren't flat, files $100M lawsuit against builder

Humber River Health is suing the consortium contracted to build and maintain its Toronto hospital for $100 million, alleging that negligent design and construction is creating health and safety problems for patients and staff.

The lawsuit, filed in early April, alleges that a "sizable portion" of the hospital's floors are not level or flat and that some of the flooring itself is deteriorating. 

"Floor levelness is a critical operational and safety issue," reads Humber River Health's claim, filed in Ontario Superior Court. 

"Non-level floors make it difficult for staff to move equipment, supplies, food, and patients on wheeled transportation devices. Often, wheeled carts have to be placed behind rubber stoppers to prevent the carts from sliding out of position."

The statement of claim goes on to say that the floor conditions "have led, and will continue to lead, to health and safety issues" for patients and staff. It also says that durability problems with the floors are having a major operational impact as "critical rooms" and areas of the hospital have been unavailable because of maintenance. 

Touted as North America's first fully digital hospital, construction on Humber River Hospital began in 2011 and it opened in October 2015. The facility was built through a public-private partnership with Plenary Health Care Partnerships. The Ontario government contracted Plenary to design, build, finance, operate and maintain the hospital for 30 years.

In a statement, Humber River Health spokesperson Joe Gorman said the hospital is "implementing all necessary measures to ensure the best experience for our patients, staff and community" while it works to resolve these problems.

Plenary Health Care Partnerships hasn't filed a statement of defence yet. Due to contractual obligations, the consortium told CBC Toronto it couldn't comment.

The floor lawsuit is the latest in a series of claims filed in the last couple of years concerning alleged issues with the design and construction of the northwest Toronto hospital. Since 2023, four other lawsuits totalling at least $10.4 million have been filed by Plenary Health Care Partnerships against the contractor and various subcontractors hired to design and build the hospital. 

The claims are looking for compensation for property damage from flooding caused by valve and breaker leaks and for design flaws with its domestic water system, which affected hot and cold water in patient rooms within the first year the hospital opened, according to the court filings. The leaks included one above the ceiling of the hospital's cancer care unit.

The contractor and subcontractors have filed statements of defence in some of those lawsuits. They deny the allegations and any liability claimed by the consortium. 

Two of the lawsuits concerning leaks and issues with the water system have spawned third-party claims from the subcontractors being sued claiming another third-party subcontractor should be held liable in their place if the courts determine damages are warranted, which they deny.

CBC Toronto contacted Ontario's Ministry of Health for comment on whether it is concerned about these alleged construction and design issues with a public hospital that is just 10 years old and on the impact the problems are having on hospital operations and patient care.

In a statement, a spokesperson said the ministry can't comment because the matter is before the courts.