The parents of an infant who lost his life, along with his grandparents, in a wrong-way accident on Highway 401 in Whitby, Ont., back in April 2024 are suing the Durham police.
This month, Gokulnath Manivannan and Ashwitha Jawahar, along with two other family members, filed a statement of claim against two officers from Durham Regional Police, the Durham Regional Police Services Board, the estate of the driver responsible for the collision, and U-Haul.
Attorneys Brad Moscato and Adam Wagman from Howie, Sacks & Henry LLP issued a statement to describing their clients’ loss as “unimaginable,” emphasizing that their main focus is on “grieving and supporting one another through this devastating time.”
In an interview with , Wagman stated they aim to ensure there’s a “system that prevents the public being put at risk.”
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“Clearly, police are meant to respond to crime after it occurs. However, their primary role is to protect the public. In this case, unfortunately, the system failed,” he remarked.
“I don’t imply blame on individual officers; rather it’s about how the system let down this family and everyone else on Highway 401 that day-this incident could have affected any of them.”
On April 29, 2024, according to the SIU report, Durham Regional Police were alerted by an off-duty officer about a robbery at an LCBO near Green Road and Highway 2 in Clarington.
![Click to play video: 'Durham police to fast-track suspect pursuit training following fatal 401 crash']()
2:11 Durham police to fast-track suspect pursuit training following fatal 401 crash
Soon after that misdirection led to a multi-vehicle crash on Highway 401 just east of Highway 412 in Whitby. The collision resulted in fatalities for a three-month-old baby boy along with his grandmother aged 55 and grandfather aged 60.
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The baby’s parents from Ajax were also injured during this crash.
The U-Haul driver involved was identified as Gagandeep Singh, age 21; he also lost his life in this incident.
The statement of claim accuses Sgt. Richard Flynn and Const. Brandon Hamilton of having “exercised negligent and reckless judgment” by “entering onto Highway 401 driving against traffic while pursuing the Suspect Motor Vehicle westbound in eastbound lanes.”
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It claims these officers “failed to consider available alternatives” during their pursuit and did not prioritize public safety while chasing the Suspect Motor Vehicle.
No statements of defense have been filed yet. The Durham Regional Police informed that they acknowledge the lawsuit but will refrain from commenting as it’s part of an ongoing investigation and legal process.
![Click to play video: 'Wrong-way 401 crash: 2 officers haven’t agreed to interviews in SIU investigation']()
1:53 Wrong-way 401 crash: 2 officers haven’t agreed to interviews in SIU investigation
Both Flynn and Hamilton face charges related to three counts each for criminal negligence causing death along with two counts each for criminal negligence causing bodily harm.
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The plaintiffs-including the baby’s surviving grandmother from India and his aunt-are seeking $25 million for personal injuries along with related damages.
“We understand that no amount of money can replace what they’ve lost. We hope some form of compensation can bring them comfort or help honor their loved ones’ memories,” said Wagman. “But really our goal is starting off by finding answers while ensuring our community’s safety-the same priority we believe police share. We want solutions moving forward so no one else experiences something like this again.”
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Get daily Canada news delivered to your inbox so you’ll never miss the day’s top stories. The SIU reported that officers spotted a vehicle of interest-a U-Haul cargo van-and began following it through various streets in Durham Region as it drove erratically before entering Highway 401 at Stevenson Road in Oshawa going against traffic and heading westbound in eastbound lanes.
2:11 Durham police to fast-track suspect pursuit training following fatal 401 crash
Soon after that misdirection led to a multi-vehicle crash on Highway 401 just east of Highway 412 in Whitby. The collision resulted in fatalities for a three-month-old baby boy along with his grandmother aged 55 and grandfather aged 60.
Story continues below
The baby’s parents from Ajax were also injured during this crash.
The U-Haul driver involved was identified as Gagandeep Singh, age 21; he also lost his life in this incident.
The statement of claim accuses Sgt. Richard Flynn and Const. Brandon Hamilton of having “exercised negligent and reckless judgment” by “entering onto Highway 401 driving against traffic while pursuing the Suspect Motor Vehicle westbound in eastbound lanes.”
More on Crime More videos
It claims these officers “failed to consider available alternatives” during their pursuit and did not prioritize public safety while chasing the Suspect Motor Vehicle.
No statements of defense have been filed yet. The Durham Regional Police informed that they acknowledge the lawsuit but will refrain from commenting as it’s part of an ongoing investigation and legal process.
1:53 Wrong-way 401 crash: 2 officers haven’t agreed to interviews in SIU investigation
Both Flynn and Hamilton face charges related to three counts each for criminal negligence causing death along with two counts each for criminal negligence causing bodily harm.
Story continues below
The plaintiffs-including the baby’s surviving grandmother from India and his aunt-are seeking $25 million for personal injuries along with related damages.
“We understand that no amount of money can replace what they’ve lost. We hope some form of compensation can bring them comfort or help honor their loved ones’ memories,” said Wagman. “But really our goal is starting off by finding answers while ensuring our community’s safety-the same priority we believe police share. We want solutions moving forward so no one else experiences something like this again.”
& copy; 2025 , a division of Corus Entertainment Inc.Source link
