The parents of an infant who was killed, along with his grandparents, in a wrong-way crash on Highway 401 in Whitby, Ont., in April 2024 are suing Durham police.
The statement of claim from Gokulnath Manivannan and Ashwitha Jawahar, and two other family members, was filed this month against two Durham Regional Police officers, the Durham Regional Police Services Board, the estate of the driver who struck them and U-Haul.
Lawyers Brad Moscato and Adam Wagman of Howie, Sacks & Henry LLP sent a statement to Global News calling the loss to their clients “unimaginable” and indicating that their focus right now is on “grieving and supporting one another through this devastating time.”
“We are working to ensure that a thorough investigation is conducted so that the family can get the answers they deserve about how this terrible incident occurred. Law enforcement plays a vital role in keeping our communities safe. However, this tragedy underscores the urgent need to balance crime prevention with public safety,” said the lawyers in the statement.
On the night of April 29, 2024, the SIU said Durham Regional Police officers were notified by an off-duty officer of a robbery at an LCBO near Green Road and Highway 2 in Clarington, Ont.
The SIU said officers found a vehicle of interest — a U-Haul cargo van — and followed the van through numerous streets in Durham Region “as the vehicle drove erratically” and then got on Highway 401 at Stevenson Road in Oshawa in the wrong direction and was travelling westbound in the eastbound lanes.
Shortly after, there was a multi-vehicle collision on Highway 401, just east of Highway 412, in Whitby, resulting in the death of the child, aged three months, his grandmother, 55, and his grandfather, 60.
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The baby’s parents, both from Ajax, were also in the car and were injured in the collision.
The driver of the U-Haul, Gagandeep Singh, 21, was killed in the crash.
The statement of claim alleges Sgt. Richard Flynn and Const. Brandon Hamilton “exercised negligent and reckless judgment” when they “drove on to Highway 401, in the wrong direction, and pursued the Suspect Motor Vehicle westbound in the eastbound lanes.”
It adds, the two officers “failed to consider available alternatives to pursuing the Suspect Motor Vehicle” and “failed to consider public safety in their pursuit of the Suspect Motor Vehicle.”
Statements of defence have not yet been filed and Durham Regional Police have yet to respond to a request for comment.
Flynn and Hamilton were both charged with three counts each of criminal negligence causing death and two counts each of criminal negligence causing bodily harm.
The plaintiffs, which include the baby’s remaining grandmother in India and his aunt, are claiming damages in the amount of $25 million for personal injuries and corresponding damages.
“The family hopes that this heartbreaking event leads to a careful review of how and when pursuits are authorized, and that clear, consistent standards are always followed. Public safety must remain the top priority,” noted the lawyers in their statement.
They declined to provide further comment.
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