Family Sues North York High-Rise Owners After Toddler's Fatal Fall
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A lawsuit alleging systemic safety failures seeks $18 million in damages following the death of a child at 50 Graydon Hall Drive.
The parents and grandparents of a toddler who died after falling from a North York high-rise apartment in May are suing building owners and management for $18 million in damages, according to reporting from CBC Toronto.
A statement of claim filed in August with the Ontario Superior Court of Justice alleges that the daughter of Deepali Kashyap and Rakshit Chauhan died after gently touching a bedroom window that broke suddenly. The lawsuit alleges the child fell through the opening while her parents were nearby but unable to reach her in time.
The plaintiffs are suing GH Capital Corporation, 373041 Ontario Limited, and two property managers. The claim alleges the defendants were negligent by permitting the installation of unsafe, inadequate glass windows and failing to maintain them or install safety locks. Michael Smitiuch, a lawyer for the family, told CBC Toronto that management was aware the glass was thin and unsafe but failed to warn tenants or implement safety improvements. Smitiuch further noted that Kashyap and Chauhan had previously submitted service requests for window repairs.
Beyond the safety failures, the lawsuit alleges the owners and management directed baseless suspicions toward the grieving family, claiming they had "something to hide" regarding the death.
The legal action seeks punitive and exemplary damages, as the family continues to suffer from depression, anxiety, and flashbacks. While the suit seeks millions, Smitiuch emphasized that no amount of money can replace the loss of the child. GH Capital Corporation did not respond to CBC Toronto's request for comment, and legal representatives for the defendants declined to comment.