The Toronto Traffic Commission denies any responsibility for the injuries to a woman trapped on subway tracks at Bloor-Yonge station in April, instead of blaming the woman accused of pushing her and herself. victim.
In a statement of defense filed last week in response to a $ 1 million lawsuit filed by plaintiff Shamsa Al-Balushi, the TTC called for the proceedings to be dismissed, saying it is not responsible for any damages.
In its statement, the TTC argues that Al-Balushi “did not take reasonable measures and precautions for his own safety and protection” because “he chose to be close to the edge of the platform” and “did not provide the due care and attention “. in their environment “.
The video of the incident first posted by BlogTO shows that the victim was behind the yellow line on the edge of the subway platform when the incident occurred.
The victim shares the guilt of “traveling alone”: TTC lawyers
TTC’s lawyers also say the victim shared the blame for the incident because “she was traveling alone and unassisted on public transport when she knew or should have known it was not safe for her to do so.”
Darryl Singer, head of commercial and civil litigation for Diamond and Diamond lawyers representing Al-Balushi, told CBC News that he “hit the roof” when he received the TTC’s defense, specifically when it came to the allegations. that his client was to blame for traveling alone on the subway and being too close to the edge.
“It’s like blaming a rape victim for wearing a short skirt,” Singer said.
“I can’t believe they came up with this defense, that way.”
TTC spokesman Stuart Green declined to comment, telling CBC News that the agency is not talking about ongoing legal issues.
This screenshot of a video first posted by BlogTO shows the moment before Al-Balushi, on the right, was pushed into the subway tracks. (BlogTO)
The defense also alleges that the defendant in the criminal case is liable for damages, as “he acted with reckless contempt for the life and welfare of the plaintiff” and assaulted her, in addition to contravening the statutes of the TTC.
A 45-year-old woman was arrested at Finch GO station the day after the incident. She has been charged with attempted murder.
According to a statement filed last month, Al-Balushi suffered a broken rib when he was pushed into the subway tracks on April 17 and continues to suffer from back and neck pain, as well as physical and emotional trauma and insomnia. .
She survived by pressing against the subway platform to avoid being hit by an oncoming train.
The victim waited 30 minutes to receive help, according to the statement
According to court documents, Al-Balushi was “terrified” and “screaming in pain” after being pushed. The complaint alleges that he waited approximately 30 minutes for someone to assist him.
The initial complaint states that while the alleged assailant who pushed Al-Balushi into the tracks was not employed or affiliated with the TTC, the TTC is still responsible for the incident.
“The TTC is responsible for the injuries suffered by Shamsa, as it did not implement sufficient safety protocols on the subway platform; it did not provide regular passenger supervision; it did not have adequate monitoring of the platform; he did not respond quickly to the incident, “the complaint reads.
Singer said the TTC could have installed a door system on the edge of the platform that only moves when a train enters the station, ensuring it is not possible to fall on the tracks.
He also said that Al-Balushi is “on his way to recovery,” especially when it comes to his physical injuries.
“Psychoemotionally, these are scars that will last for years and years and years, and in many ways, that’s worse,” he said.