The family of a young girl who fell to her death from a highrise in North York back in May is suing the building’s owners and management for millions in damages.
A claim filed with the Ontario Superior Court of Justice in August states that negligence by GH Capital Corporation, 373041 Ontario Limited, and two property managers resulted in the tragic death of Deepali Kashyap and Rakshit Chauhan’s daughter at 50 Graydon Hall Drive.
The document claims that their almost two-year-old daughter was “playing with her parents and walking within the apartment” when she “gently touched” a bedroom window, which then broke “suddenly and without warning.”
<p According to the claim, the toddler fell through the opening created by the broken window and died.
It further explains that Kashyap and Chauhan were “only a short distance away” but couldn’t reach their daughter before she fell. They witnessed their child’s fatal fall, causing them to suffer serious and lasting psychological harm, as noted in the court filing.
Kashyap, Chauhan, along with the toddler’s grandparents are named as plaintiffs in this lawsuit. They are asking for $18 million in damages.
WATCH | Police investigate toddler’s death from highrise apartment fall:
Toddler dead following fall from North York apartment building
Toronto police are looking into an incident where a toddler tragically fell from a high-rise apartment building located near Don Mills Road and Graydon Hall Drive, just south of Highway 401.
reached out to GH Capital Corporation for comment but hasn’t received any response yet. A CBC reporter also tried contacting what’s believed to be the lawyer representing those being sued but was told “no comment” repeatedly by a receptionist.
Michael Smitiuch, one of the attorneys for the family, stated they aim to raise awareness about safety issues in apartment buildings.
“No amount of money will ever make up for the loss of their daughter – they know that,” he said.
“The gut of it is that [management] knew the glass was unsafe; they knew it was thin; and they didn’t take any measures to improve safety nor did they warn tenants living there.”
No allegations have been proven in court yet.
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Toddler dead following fall from North York apartment building
Toronto police are looking into an incident where a toddler tragically fell from a high-rise apartment building located near Don Mills Road and Graydon Hall Drive, just south of Highway 401.
reached out to GH Capital Corporation for comment but hasn’t received any response yet. A CBC reporter also tried contacting what’s believed to be the lawyer representing those being sued but was told “no comment” repeatedly by a receptionist.
Michael Smitiuch, one of the attorneys for the family, stated they aim to raise awareness about safety issues in apartment buildings.
“No amount of money will ever make up for the loss of their daughter – they know that,” he said.
“The gut of it is that [management] knew the glass was unsafe; they knew it was thin; and they didn’t take any measures to improve safety nor did they warn tenants living there.”
No allegations have been proven in court yet.
Management Allowed ‘Unsafe’ Windows, Claim Says
The statement alleges that management allowed inadequate glass windows to be installed throughout the building while failing to keep them safe or properly maintained. It also lists several instances of negligence including not installing safety locks or appropriately upgrading or replacing glass windows within the premises. The claim goes on to assert that management was aware or should have been aware of past incidents where unsafe windows caused “injury or harm” to residents. Smitiuch mentioned that Kashyap and Chauhan had made prior requests for window repairs within their unit.Family Struggles With Mental Health After Loss: Lawsuit
The lawsuit states that both parents along with grandparents “continue to suffer physically, psychologically and emotionally” since her passing. They deal with depression, anxiety, nightmares as well as flashbacks according to what’s mentioned in their claim. They’re seeking punitive damages too because they allege that those responsible spread unfounded accusations implying that family had “something to hide” regarding their child’s tragic accident. “They exploited plaintiff’s grief and vulnerability by directing suspicion toward them without any reasonable factual basis,” reads part of their complaint.Source link
