Family of man who killed parents, stabbed Seven Oaks nurse sues health authorities

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This article was published 26/10/2023 (682 days ago), so information in it may no longer be current.

The siblings of a man found not criminally responsible for the murders of his parents and a knife attack on a work supervisor have filed a lawsuit against Shared Health and two other Manitoba health bodies, alleging they failed to provide mental health care that would have prevented the tragedy.

The lawsuit, filed Tuesday by Russell and Paul Farley and Sharon MacLeod, seeks special damages for funeral expenses, mental distress and “loss of guidance, care and companionship.”

The Winnipeg Regional Health Authority and Winnipeg-Churchill health region are also named as defendants in the lawsuit.

Last week, Court of King’s Bench Justice Ken Champagne found Trevor Farley, 39, not criminally responsible for separate, fatal attacks Oct. 27, 2021, on Judy Swain and Stuart Farley and stabbing Seven Oaks General Hospital nursing supervisor Candyce Szkwarek.

Farley (himself a nurse) visited the Crisis Response Centre at Health Sciences Centre the night before the attacks, says the lawsuit. Between 12:24 a.m. and 1:30 a.m., a clinician assessed Farley, who reported experiencing delusions, hallucinations and suicidal thoughts.

Shortly before 9 a.m., Farley was assessed by a physician assistant, who decided he should undergo an involuntary psychiatric assessment.

A physician then filled out a “Form 4” document indicating Farley was suffering from a mental disorder, posed a risk of physical harm to himself or others. In the opinion of the physician, Farley was unwilling or unable to consent to voluntary psychiatric examination.

The Winnipeg crisis centre is not a locked facility and Farley was not placed in a locked room pending his expected transfer to an in-patient psychiatric ward, alleges the lawsuit.

“The plaintiffs state that if a person at the Crisis Response Centre under a Form 4 is deemed to be at risk of harming themselves or someone else, they are to be moved to a locked secure room under the constant supervision of (crisis centre) staff,” the lawsuit claims.

“Despite this, and contrary to established procedure, Trevor was not placed in a locked room.”

Three hours after he was assessed by the physician assistant, Farley walked out of the crisis centre and drove to his father’s Toronto Street home and killed him.

Minutes later, Farley was back in his car, driving some 40 kilometres south to New Bothwell, where he killed his mother.

Two hours later, Farley walked into Seven Oaks in north Winnipeg, where he had worked, and attacked nursing supervisor Candyce Szkwarek with a knife. The attack only ended when a staff doctor intervened and pulled Farley off the woman.

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Farley left the hospital, knife still in hand, and was immediately arrested by police.

According to court documents, Farley had visited the crisis centre or a hospital emergency room at least five times in the two days prior to the attacks.

“The plaintiffs state that the defendants… owed Trevor and the general public, including Stuart and Judy, a duty of care at law to protect them once it was identified a person, in this case Trevor, was suffering from significant mental health issues whereby he could be a danger to himself or others,” the lawsuit says.

A statement of defence has not been filed. The allegations have not been proven in court.

dean.pritchard@freepress.mb.ca

Dean Pritchard
Courts reporter

Dean Pritchard is courts reporter for the Free Press. He has covered the justice system since 1999, working for the Brandon Sun and Winnipeg Sun before joining the Free Press in 2019. Read more about Dean.

Every piece of reporting Dean produces is reviewed by an editing team before it is posted online or published in print — part of the Free Press‘s tradition, since 1872, of producing reliable independent journalism. Read more about Free Press’s history and mandate, and learn how our newsroom operates.