TTC seeks dismissal of $1M subway lawsuit, says victim stood too close to edge

The Toronto Transit Commission (TTC) is denying responsibility for injuries a woman sustained at Bloor-Yonge subway station after she was allegedly pushed onto the tracks by another woman, claiming she shouldn’t have been standing too close to the platform’s edge.

In a statement of defence obtained by CityNews, including one by plaintiff Shamsa Al-Balushi — who is suing the TTC for $1 million in damages — the TTC says it’s not liable, citing various defences, including that Al-Balushi “failed to take reasonable steps and precautions for her own safety and protection.”

Additionally, lawyers say Al-Balushi “chose to stand close to the edge of the platform” and “failed to pay due care and attention to her surroundings.”

TTC spokesperson Stuart Green could not be reached for comment.

Edith Frayne, 45, was arrested and charged with attempted murder in the incident. The TTC claims Frayne “consumed an excessive amount of alcohol, medications and/or illicit substances” and was impaired at the time.

The video shows the two women on the subway platform around 9 p.m. on April 17, appearing to acknowledge one another at the very least. Frayne is then seen pushing Al-Balushi onto the tracks as the subway arrives.

TTC not liable for victim’s injuries: lawyers

TTC lawyers argue that Al-Balushi “knew or was familiar with Edith Frayne,” claiming the woman failed to remove herself from a potentially dangerous situation.

They also blame Al-Balushi for travelling on the subway alone at the time of the incident, saying “she knew or ought to have known that it was unsafe for her to do so.”

“To go so far as to blame the victim for this is shocking an appalling and I can’t believe they would actually commit that to writing in a court document,” Darryl Singer, a commercial and civil lawyer with Diamond & Diamond LLP, tells CityNews.

“It’s a public transit service, it’s designed for people to move from place to place. So if they really want to stick to that defence, then what they’re really saying to the population of the GTA is don’t ride the subway because it’s not safe.”

Al-Balushi suffered multiple injuries as a result of the push, including a pair of broken ribs, bruises to her body, and back pain that has persisted as a result. As part of her claim, she says she has suffered emotional and psychological trauma, post-traumatic stress, anxiety and depression.

Al-Balushi says she was frightened from the push and the fall and was screaming in pain. She said she could hear other passengers screaming from the platform.

The claim states the train slowed but did not stop until it had arrived at the platform. Al-Balushi couldn’t move due to her injuries as she was beside the train as it pulled in.

The TTC denies responsibility for those injuries, calling them “excessive and too remote,” alleging that Al-Balushi had a pre-existing condition “affecting those portions of her body, mind and behaviour” at the time of the push.

“If out-of-pocket medical and other expenses claimed were incurred, the TTC states that they are not expenses sustained as a result of the actions of the TTC,” lawyers wrote.

“Alternatively, they are not expenses for which the Plaintiff is entitled to be repaid as they are expenses payable or recoverable under a medical, surgical, dental, hospital, rehabilitation, attendant care, or long-term care plan or law, and accordingly, the TTC is not liable to pay same.”

Al-Balushi claims the TTC failed to implement sufficient safety protocols on the subway platform, including failing to provide regular supervision of passengers, failing to promptly respond to the incident and forgetting to stop the train from approaching the subway platform.

Shelagh Pizey-Allen, a spokesperson for TTC Riders, a non-profit in Toronto, said in April that cases like this need to be taken seriously to better protect passengers moving forward.

“It’s very scary. Anyone who has been waiting on a crowded platform, especially at Bloor-Yonge station, knows the feeling ‘am I going to stumble? What if there is some jostling in the crowd,” Pizey-Allen said.