“Indeed, she first gained the trust of […] then took advantage of their vulnerability to rob them, while enriching himself at their expense, with full knowledge of the facts. The Court is of the opinion that this behavior must be punished, denounced and deterred,” relates the decision rendered on November 1.
The alleged events occurred between November 2018 and July 2019. The two victims, FG and DN, were initially aged 75 and 77. Both plaintiffs were then faced with significant physical limitations. One suffered a stroke in 2015, while the other suffers from high blood pressure, venous insufficiency and sleep apnea.
“FG is no longer able to carry out the essential daily activities of the household and DN has difficulty expressing his wishes in addition to being at risk of falling again. They need help,” relates the judgment
Trust
It was at this time that they met Sylvie Leclerc, through a neighbor. A bond of trust is established.
“As of November 2018, the plaintiffs accepted that Ms. Leclerc stored furniture in their garage and that in exchange, she immediately acted as a caregiver for them. Its services include housekeeping, meal preparation and support. […] to go shopping. She also goes to the bank with the plaintiffs. They also accept that Ms. Leclerc stores furniture and boxes in their basement.”
Sylvie Leclerc then moved into a small apartment in the plaintiffs’ basement, then began to go shopping alone.
In the summer of 2019, Ms. Leclerc’s support began to run out. She no longer sleeps as often at the plaintiffs’ house and does less cooking.
“In mid-July 2019, the plaintiffs went to their financial institution with their sister-in-law […] They notice that only peccadilloes remain in their respective accounts. On this date, Ms. Leclerc is no longer present in their lives,” the judgment continues.
Financial exploitation
When the accused was confronted, she was unable to justify several withdrawals from the complainants’ accounts.
The Court ultimately concluded that the Commission on Human Rights and Youth Rights had proven the three constituent elements of financial exploitation: vulnerability, position of strength and taking advantage.
In the end, Sylvie Leclerc appropriated a sum of $6,368 belonging to the couple. However, she will have to reimburse more than $18,000 for causing moral harm as well as punitive damages.
