The relatives of a young child who tragically fell to her death from a high-rise building in North York this past May are taking legal action against the property owners and management, seeking millions in compensation.
A claim submitted to the Ontario Superior Court of Justice in August asserts that the negligence of GH Capital Corporation, 373041 Ontario Limited, and two property managers contributed to the passing of Deepali Kashyap and Rakshit Chauhan’s nearly two-year-old daughter at 50 Graydon Hall Drive.
According to the claim, the young girl was “playing with her parents and walking within the apartment” when she “gently touched” a bedroom window, which shattered “suddenly and without warning.”
The child subsequently fell through the opening left by the broken window and lost her life, as detailed in the claim.
The claim further states that Kashyap and Chauhan were “only a short distance away” from their daughter but were unable to prevent her fall. The couple witnessed their child’s tragic accident and have since experienced “serious and permanent psychological injuries,” according to the court filing.
Named as plaintiffs in the lawsuit are Kashyap, Chauhan, and the toddler’s grandparents, who are pursuing $18 million in damages.
CBC News attempted to contact GH Capital Corporation for a statement but has yet to receive a reply. A reporter also reached out to the attorney believed to be representing the defendants, but a receptionist responded with “no comment.”
Michael Smitiuch, an attorney for the family, expressed that they aim to raise public awareness regarding the hazards present in apartment buildings.
“No sum of money can ever compensate for the loss of their daughter — they understand that,” he stated.
“The issue is that [management] recognized the glass was unsafe, that it was thin, yet they failed to take any steps to enhance the glass’s safety or inform the building’s tenants.”
None of the claims have been proven in court.
Management allowed ‘unsafe’ windows, lawsuit claims
The claim asserts that the building management “caused or permitted unsafe and inadequate glass windows to be installed in the premises” and neglected to maintain them.
It also cites multiple instances of negligence, such as the failure to install safety locks and properly upgrade or replace the building’s glass windows.
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The claim further notes that management was aware or “ought to have been aware” of previous occurrences where unsafe glass windows had caused “injury or harm” to residents.
Smitiuch indicated that Kashyap and Chauhan had previously submitted service requests for window repairs in their residence.
Family endures depression, flashbacks: lawsuit
According to the lawsuit, the toddler’s parents and grandparents “continue to endure physical, psychological, and emotional suffering” following her death.
The family has been affected by depression, anxiety, as well as nightmares and flashbacks, as outlined in the claim.
They are pursuing 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 their child’s death.
“It appears they took advantage of the plaintiffs’ grief and vulnerability by casting suspicion on them without any reasonable factual basis,” the statement of claim asserts.