Family of woman who died after altercation with Toronto hospital guards launches $16-million lawsuit

Footage shows altercation before patient's death The sister of Stephanie Warriner is devastated charges against two security guards were dropped.

The sister of a 43-year-old woman who died 16 days after an altercation with security at a downtown Toronto hospital has filed a $16 million lawsuit against University Health Network and the guards allegedly involved in her death, claiming that they used “excessive” and “unreasonable” force.

Stephanie Warriner, a mother of five originally from Scarborough, died on May 27, 2020 after reportedly going into medical distress and suffering a cardiac arrest following a physical interaction with security guards at Toronto General Hospital (TGH).

The initial incident happened on May 11, 2020.

According to the victim’s sister, Denise, Warriner left her room and went to the hospital’s lobby in search of a something to eat, where she subsequently got into a confrontation with security guards for not wearing a face mask.

The lawsuit’s statement of claim states that the security guards “knew or ought to have known” that Warriner suffered from mental health issues based on their interactions with her.

The documents, however, allege that the guards approached her in an “aggressive manner, contrary to their training” and “acted with reckless disregard for the life of Stephanie.”

They further state that the guards engaged in a “verbal altercation” with Warriner initially, but ultimately pushed her against a wall and threw her to the ground before restraining her in a “prone position with weight applied to her back.”

None of the allegations have been tested in court.

“Once the security guards removed their weight from Stephanie, her body was limp and lifeless. Rather than immediately starting CPR or calling for help, the security guards instead retrieved a wheelchair and placed Stephanie’s lifeless body in the wheelchair to remove her from the view of security cameras and witnesses,” the documents state.

FIVE GUARDS NAMED IN LAWSUIT

The lawsuit names five security guards who were allegedly involved in the incident, including one who reportedly moved a security camera so that a portion of the altercation would not be filmed.

Two of the guards, Amanda Rojas-Silva, 42, and Shane Hutley, 35, were previously charged with manslaughter and criminal negligence by unlawful confinement/restraint causing death in connection with the incident.

But the charges against them were dropped in November after Superior Court Justice Sean Dunphy quashed the case due to a lack of “admissible evidence to support the findings necessary to issue an order of committal on either charge.”

News of this legal action comes one week after CTV News obtained video footage of parts of the altercation.

Speaking with CP24.com on Wednesday, Denise Warriner said that while the lawsuit won’t bring back her sister it might allow those who loved her, including her 28-year-old son Theodore, to get some accountability for what she said was “extreme and outrageous conduct” by those involved.

“It’s a moral duty that I have to act. I can’t live with doing nothing, not only for my sister but for all of us,” she said.

“Systems have proven that we cannot expect them to hold themselves accountable… I recognize that they are not going to inherently change unless there is a debt punch.”

Denise Warriner said that the trauma her family has endured as a result of the incident is “indescribable” and is an “ongoing grief” that “never ends.”

She said that by launching the lawsuit she wants to ensure other families don’t have to go through what hers did.

“I’m not going to let any other family experience that, to the best of my ability,” she vowed.

The $16 million civil lawsuit against UHN and members of its security team was commenced last September, however the defendants were only recently served.

All of those named have yet to provide a statement of defence, however they have served notices of intent to defend, Amanda Micallef of Falconers LLP, which is representing the Warriner family in the suit, told CP24.com.

In a statement provided to CP24.com, University Health Network said they will not comment on “matters before a court or matters of individual employment or discipline.”

Lawyer Simon Clements, who represents Rojas-Silva and Huntley, similarly told CP24.com that his clients have no comment “as this is an ongoing legal proceeding.”

CP24.com has reached out to the lawyers for the other defendants named in the lawsuit, but has not yet heard back.

With files from CTV News Toronto’s Alex Arsenych