1 Mar 2023
Affleck v. Sunrise Senior Living, Inc.
In the case of Affleck v. Sunrise Senior Living, Inc. dated March 1, 2023, the plaintiff, Marnie Affleck, pursued compensation against the defendants Sunrise Senior Living, Inc., Sunrise of Erin Mills, Jennifer Seehra (formerly the Executive Director of Sunrise of Erin Mills), and Elisabette Garcia (formerly an Assisted Living Coordinator at Sunrise of Erin Mills). These parties were collectively referred to as the "Sunrise defendants." The plaintiff had claimed $10 million in compensatory damages, $800,000 in aggravated damages, and $4 million in punitive damages. The lawsuit involved events surrounding the plaintiff's mother, Barbara Stubley, who had been a resident at Sunrise of Erin Mills since 2006. The plaintiff's sister, Linda Barbara Fraser, had held powers of attorney for Mrs. Stubley.
The plaintiff had alleged that the Sunrise defendants had obstructed her access to her mother, causing emotional and physical harm, with claims centered around "malicious negligent infliction of nervous shock." The litigation, which was initiated in 2008, had witnessed multiple trial date adjournments, often due to the plaintiff's self-representation challenges and the complexities of a virtual trial.
The court had ruled that the plaintiff's entire claim had to be rejected. As a result, the plaintiff was ordered to pay costs amounting to $330,000, covering all expenses, to the Sunrise defendants within the next 30 days. The defendants were allowed to proceed with the order resulting from these proceedings without needing the plaintiff's approval regarding its form and content.