The relatives of a young child who tragically fell to her death from a high-rise apartment in North York this past May have initiated a lawsuit against the building’s owners and management, seeking millions in compensation.
A lawsuit submitted to the Ontario Superior Court of Justice in August claims that the negligence of GH Capital Corporation, 373041 Ontario Limited, and two property managers contributed to the fatal incident involving the daughter of Deepali Kashyap and Rakshit Chauhan at 50 Graydon Hall Drive.
According to the lawsuit, the couple’s nearly two-year-old daughter was “playing with her parents and walking within the apartment” when she “lightly touched” a bedroom window, which unexpectedly shattered “suddenly and without warning.”
The child then fell through the window opening and lost her life, the document states.
The claim further indicates that Kashyap and Chauhan were “only a short distance away” from their daughter but were unable to reach her before she fell. The parents witnessed the tragic incident and “suffered serious and permanent psychological injuries” as a result, as stated in the court filing.
Kashyap, Chauhan, and the toddler’s grandparents are named as plaintiffs in the lawsuit, which seeks $18 million in damages.
Toronto police are investigating after a toddler fell from a high-rise apartment and died in North York. The incident happened near Don Mills Road and Graydon Hall Drive, just south of Highway 401.
CBC News reached out to GH Capital Corporation for a statement but has yet to receive a reply. A reporter from CBC also attempted to contact the attorney believed to be representing the defendants, but the receptionist consistently provided a “no comment” response.
Michael Smitiuch, one of the legal representatives for the family, stated that they aim to inform the public about the hazards present in apartment buildings.
“No financial compensation can ever make up for the loss of their daughter — they understand this,” he remarked.
“The crux of the matter is that [management] was aware the glass was unsafe, they recognized it was thin, yet they failed to implement any safety measures regarding the glass or to inform the residents of this building,” he added.
All allegations remain unproven in court.
Management allowed ‘unsafe’ windows, lawsuit claims
The claim states that the building’s management “caused or permitted unsafe and inadequate glass windows to be installed within the premises,” and neglected to maintain them.
It also points to various acts of negligence, such as the failure to install safety locks and to properly upgrade or replace glass windows in the building.
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The lawsuit further alleges that management was aware or “should have been aware” of prior incidents where unsafe glass windows caused “injury or harm” to residents.
Smitiuch indicated that Kashyap and Chauhan had previously submitted requests for window repairs in their unit.
Family endures depression, flashbacks: lawsuit
The lawsuit claims that the toddler’s parents and grandparents “continue to suffer physically, psychologically, and emotionally” following her passing.
According to the statement of claim, the family experiences depression, anxiety, as well as nightmares and flashbacks.
They are seeking punitive and exemplary damages, alleging that the building owners and management “made or adopted baseless and inflammatory insinuations” suggesting that the family had “something to hide” regarding the toddler’s death.
The claim states, “They exploited the plaintiffs’ grief and vulnerability by casting suspicion upon them without any reasonable factual basis.”