The family of Toronto resident Danielle Stephanie Warriner, who died after being restrained chest down by security guards for not wearing a face mask at the Toronto General Hospital in 2020, filed a $16-million lawsuit against the workers involved and the University Health Network. .CBC News reported Wednesday the lawsuit calls the security guards and Toronto General reckless and accuses them of inappropriate behaviour when they confronted Warriner when she wasn't wearing a mask. The lawsuit alleges Warriner's death was a direct result of their actions that day, and it failed to contact the family for 11 days after the incident. .It was filed at the Ontario Superior Court of Justice and named Toronto General security guards Amanda Rojas-Silva and Shane Hutley, the University Health Network, the guards' shift supervisor, the guard who handcuffed Warriner while being held on the ground, and the one who filmed the incident, but moved the security camera away as another other handcuffed her. .It was revealed Monday Warriner died following an altercation with security guards at Toronto General in 2020 after she refused to wear a mask. .READ MORE: WATCH: Footage released of woman who died in hospital after refusing to wear mask.An Ontario judge struck down the criminal trial which was set to begin in May, clearing the guards of any wrongdoing..“There's been no accountability and there's a gaping hole in my heart," said Warriner's sister Denise. .CBC News obtained judicial authorization to publish the video of the incident, with the camera turned away during it. The video did not capture the final moments before Stephanie was wheeled away unconscious. .The lawsuit alleges the defendants are responsible for assault and battery, negligence and conspiracy, intentional infliction of emotional distress, and breach of the Ontario Human Rights Code by allegedly discriminating against her in goods and services for her disabilities. ."Stephanie's death has had a profound impact on her family," said Falconers LLP lawyer Asha James. .The lawsuit said Stephanie's daughter Daisy, who was recovering from drug use, went on a downward spiral after her mother’s death by turning to drugs to cope with the pain. Daisy died at 24 years old of a drug overdose one and-a-half years after her mother’s death. .While the suit was filed in September, James said the defendants were served recently. None of them have filed statements of defence, but they have submitted notices of their intent to fight it..Denise called Stephanie small but mighty and beloved. She struggled with bipolar disorder, substance abuse, and found herself living in a shelter after a break up months before her death. .She suffered from chronic obstructive pulmonary disease and arrived at Toronto General with a cough and shortness of breath in 2020. It was early in the COVID-19 pandemic, and she was believed to have COVID-19, despite it being determined later she did not. .The coroner’s report said she left the COVID-19 floor to grab food and was spotted by hospital staff in the lobby with her mask down around her neck. The video shows her seated in a medical gown before guards approach. ."Despite knowing Stephanie suffered from mental health issues based on their interactions with her, Stephanie was berated by the security guards, thrown to the ground, and restrained in the prone position with weight applied to her back," said James. ."While held in the prone position, Stephanie was forced into handcuffs.".James called the force used on her "excessive, unreasonable and not justifiable.” She added the guards owed her a duty of care, but they restrained and handcuffed her. .The lawsuit said Toronto General did not have any legal authority to confine her to anywhere in the hospital, even if she had tested positive for COVID-19. .Court documents filed for the cancelled criminal trial show Rojas-Silva and Hutley argued the two used force to control while she resisted. .The video shows Danielle’s limp body wheeled away after the altercation into an elevator area, where the court heard Rojas-Silva realized she needed CPR. She was revived, but she did not regain consciousness. .The court heard the guard who moved the camera did so because he suffered from anxiety and panicked when he saw the altercation. James alleges the camera was moved "to shield the other defendant guards from any potential criminal liability."
