The family of a young child who tragically fell from a high-rise apartment in North York is taking legal action against the building owners and management, seeking millions of dollars in damages. According to a statement filed with the Ontario Superior Court of Justice, the parents allege negligence on the part of GH Capital Corporation, 373041 Ontario Limited, and two property managers led to the fatal incident at 50 Graydon Hall Drive.
The claim states that the toddler was playing with her parents inside the apartment when she accidentally touched a bedroom window, causing it to shatter unexpectedly. The child fell through the broken window to her death, despite her parents’ close proximity. The lawsuit, filed by Deepali Kashyap, Rakshit Chauhan, and the toddler’s grandparents, seeks $18 million in compensation for the emotional and psychological trauma they have endured.
The legal document also accuses the building management of allowing unsafe glass windows to be installed and failing to maintain them properly. It further alleges negligence in the lack of safety measures such as locks on the windows and failure to upgrade or replace the glass as needed. The claim asserts that previous incidents involving unsafe windows causing harm to residents were known or should have been known to the management.
The family’s lawyer, Michael Smitiuch, highlighted the importance of raising awareness about safety in apartment buildings, emphasizing that no amount of money can compensate for the loss of a child. The lawsuit also addresses the emotional toll suffered by the family, including depression, anxiety, and recurring nightmares and flashbacks. Additionally, it accuses the defendants of making unfounded insinuations about the family’s involvement in the incident, exacerbating their grief and distress.
Despite efforts to obtain comments from GH Capital Corporation and the defendants’ legal representative, no responses have been received. It is important to note that the allegations presented in the lawsuit have not been tested in court.