TORONTO — In a stunning legal move, Humber River Hospital has filed a $100-million lawsuit against its private construction and maintenance partner, alleging widespread structural deficiencies that it says compromise patient and staff safety at one of Canada’s most technologically advanced medical facilities.
The lawsuit, obtained by CTV National News, targets Plenary Health Care Partnerships Humber L.P., the consortium contracted to build and maintain the hospital under a public-private partnership (P3) with the Ontario government. The facility, often touted as North America’s first fully digital hospital, began construction in 2011 and has only been operational for a decade.
According to Humber River Health’s statement of claim, the hospital is plagued by uneven and bubbling flooring in nearly every wing — including critical areas like the emergency department, birthing unit, and patient recovery rooms. The hospital alleges that these issues stem from improper concrete work and poor installation practices during construction.
The floors are reportedly so uneven that hospital staff struggle to move wheeled carts and beds, often resorting to using rubber stoppers to keep equipment in place. The hospital says these conditions are not only disruptive but hazardous to the smooth delivery of care.
Among the “potential root causes” listed in the lawsuit are the “improper levelling of concrete floor slabs” and faulty work by contractors and subcontractors under the oversight of Plenary and construction firm PCL.
“This is a ten-year-old hospital,” said Matti Siemiatycki, Director of the Infrastructure Institute at the University of Toronto. “Every Ontarian should be concerned. The public was promised long-term risk management under the P3 model, but what we’re seeing is the failure of that promise, with costs and consequences now rebounding onto the public.”
Siemiatycki also raised concerns about Plenary’s ongoing role in other major provincial projects — notably the construction and operation of parts of Toronto’s new subway line. “This litigation raises questions about whether the P3 framework is functioning as intended,” he said.
Public-private partnerships are designed to minimize public risk by shifting accountability to private developers. However, Siemiatycki argues that this dispute undermines that premise. “The point of a P3 is to avoid litigation through clear contract terms that ensure quick fixes. When those mechanisms break down, taxpayers are the ones left paying the price.”
CTV News reached out to Plenary Group, Humber River Health, and Ontario’s Ministry of Health for comment. All parties declined, citing the ongoing legal proceedings.
As the lawsuit moves through the courts, the outcome could have broader implications for Ontario’s infrastructure strategy, particularly in the health and transit sectors, where private partnerships play an increasingly prominent role.