The Toronto Transit Commission (TTC) intends to defend itself against Shamsa al-Balushi, who accuses it of negligence after being pushed on the tracks of downtown Bloor-Yonge subway station two years ago. moon.
In the documents for which Radio-Canada obtained a copy, the CTT asserts that the woman was negligent, as she was standing in the yellow prevention zone asking users not to cross before boarding the train.
Shamsa al-Balushi is recovering painfully from his fall from the station platform, according to his lawyer, Nadia Condotta. My client has a broken rib and is still having difficulty movinghe explained over the phone.
Police said the 39-year-old Torontonian escaped at worst by hiding under the side of the platform before the train arrived.
Me Condotta confirms that her client always uses public transportation, as she has no other way to get to work.
He is still recovering, he cannot work, because his job is very physical, but he is afraid to take the metrohe continued.
At the time of her fall, Ms. al-Balushi was working at a manufacturing company. He also has psychological sequelae related to the eventsadded his lawyer.
His lawsuit is worth $ 1 million.
In its brief defense, the CTT however that was written Ms al-Balushi chose to stand near the edge of the platform and [qu’elle] he ignored the surroundings.
Me Condotta said he was outraged, but not surprised that the Commission’s defense should blame the victim in this case.
Outrageous, it’s like blaming a rape victim for finding it while wearing a miniskirt.she points out, saying that such a defense is unequal.
The lawyer testified that he had a video of the surveillance cameras of the metro station and which we could clearly see, according to him, that his client was not near the edge of the platform on the night of 17th April 2022.
Mr. pointed out. Condotta being chased by Mrs. al-Balushi the CTT for negligence, but also for the slowness of salvation.
For example, he said it took a long time to pull the train out of the railroad corridor toward an adjacent railroad to free the woman.
He added that CTT should be more vigilant and ensure the safety of users on the platforms. In this sense, it has been negligent in the time of its reaction and in matters of prevention and safety.he says.
The CTT denies all of the plaintiff’s accusations in his brief defense and blames Edith Frayne, the woman accused in this case.
Court documents even show that Ms al-Balushi knew Ms Frayne. However, Toronto police have not yet established at this time that the two women will meet.
The CTT it was even written Ms al-Balushi travels alone and without assistance [ce soir-là] in the public transportation system, when he knew or should have known that it was not safe for him to do so.
Me Condotta confirms that this event is not the first of its kind, but his client was lucky compared to other users who were killed after being stuck in the rails of a metro station in town.
The CTT should therefore, according to him, be placed barriers or security gates next to the docks to protect the public.
In an email, Transit Commission spokesman Stuart Green said he could not comment on the lawsuit because the matter is now in the courts.
There is no date yet for a civil hearing before jurors are released yet to hear the case. However, a peaceful settlement can seal the causeaccording to Me Condotta.
Edith Frayne, who was arrested 24 hours later at the GO Finch train station, faces a charge of attempted murder.
Me Condotta explained that it was however useless to prosecute the accused in this case, as he seemed to be suffering from mental health problems.
It is up to the Crown to prove beyond a reasonable doubt that the accused deliberately intended to assault my client.he concludes.
Edith Frayne’s next court appearance is scheduled for June 15 at the College Street courthouse in downtown Toronto.
Mr. pointed out. Condotta that his client does not have to wait for a result in this criminal case for his case to proceed to civil proceedings.
Source: Radio-Canada
