Falconers LLP lawyer Asha James — representing the family of Toronto woman Danielle Stephanie Warriner who was killed in a hospital after not wearing a mask — said a judge put a publication ban on details of a preliminary hearing to ensure a fair trial. .“They had a preliminary inquiry, and it’s not unusual in a preliminary inquiry for a court to order a publication ban for the purposes of making sure if a matter is going to trial, it’s going before a jury, that they they haven’t had the opportunity to hear all of the evidence,” said James in a Friday interview. .“So you don’t prejudice the defendants.” .It was revealed Monday Warriner died following an altercation with security guards at Toronto General Hospital 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. .James said the defendants under their legal rights requested a preliminary inquiry to determine if there was enough evidence to go to trial. She said the publication ban was implemented to avoid tainting the jury pool. .The lawyer went on to say she did not attempt to lift the publication ban, as there is an expiration period most times when matters do not go to a criminal trial. She did not have status because she was not a party to the criminal proceedings. .If there was no publication ban, she said there would have been outrage. She said she does not know if it would have influenced a judge’s decision, but there would have been pressure. .Violating the publication ban could be ruled as contempt of court. Penalties for contempt of court could lead to fines and prison time depending on the judge. .James said she is unsurprised the defendants vowed to fight the civil lawsuit. The defendants need to submit defences. .Warriner’s family said Wednesday it filed a $16-million lawsuit against the workers involved and the University Health Network..READ MORE: Family of Toronto woman killed after not wearing mask sues hospital and security guards.The lawsuit calls the security guards and Toronto General reckless and accuses them of inappropriate behaviour when they confronted Warriner when she was not wearing a mask. It 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. .James said the video “speaks for itself.” Legal proceedings have many twists and turns, but she said it was unnecessary how the security guards interacted with Warriner. .The criminal charges against Rojas-Silva and Hutley were laid a few months after the incident. The judge at the preliminary inquiry ordered them to go to trial. .Rojas-Silva and Hutley appealed the decision, and the order to go to trial was quashed. The judge at the appeal ruled there were not elements necessary for a manslaughter conviction. .James said she has not learned what happened to Warriner when the camera shifted. She added her family is grateful for the outcry demanding justice and accountability for her. .She concluded by saying Danielle “deserved more compassion than they showed her.” .“If they had had an ounce of compassion, they wouldn’t have been here right now,” she said.
