TTC says a woman who is now suing him for negligence after being pushed onto the tracks at Bloor-Yonge station two months ago was herself negligent because she was standing too close to the edge of the platform.
In a statement, TTC said Shamsa al-Balushi “chose to stay close to the edge of the platform and did not pay due care and attention to the environment” in the moments before she was pushed off the rails at the station on April 17.
This is a move that al-Balushi’s lawyer says is similar to blaming the victims.
“I read this and hit the roof – I was so angry,” Daryl Singer told CP24. “It’s like accusing a rape victim of wearing a short skirt.”
TTC’s defense also blames the alleged attacker, 45-year-old Edith Freyn, for the incident.
She is accused of attempted murder the day after the incident.
“Where you have to go, especially when it’s busy, it’s insulting to say that if she hadn’t been there – (Frayn) wouldn’t have done that,” Singer said.
A statement from the TTC’s defense also said that al-Balushi should not have traveled alone on public transport “when she knew or should have known it was not safe for her to do so.”
READ MORE: A woman pushed on Toronto subway tracks speaks while a video of a disturbing incident appears
Now both sides have asked for the matter to be considered by a jury. The singer is seeking $ 1 million in compensation plus expenses for his client.
Singer said the attention the incident, along with a video of the incident, would convince the average TTC rider that it was unfair to blame his client for the incident.
“In a million years, the jury will never accept this defense in Toronto,” Singer said.
Singer’s lawsuit alleges that the TTC “has not implemented enough safety protocols on the subway platform” that would have prevented Al-Balushi from falling on the rails.
He also claims that it took unreasonable time to move the train to the station so that al-Balushi, who received a broken rib and other injuries, could be removed from a small space below the edge of the platform.
For its part, TTC says, “that he took such care at all important times, as in all the circumstances of the case it was reasonable to see that the persons entering the premises were reasonably safe while in the said premises. “.
TTC’s lawyers also say Al-Balushi “knows or was aware” of his alleged attacker and “has failed to evade a potentially dangerous situation.”
Singer says there is “no truth” to the claim that his client knew Freyn.
“TTS is holding on to straws,” he said.
Asked specifically whether the defense statement blamed al-Balushi for her own attack and how his lawyer intended to prove that al-Balushi and Freyn knew each other, TTC and his lawyers did not respond to a request for comment on Wednesday.
CP24 also contacted TTC for comment, but has not yet received a response.
Police said at the time of the incident that there were no indications that al-Balushi and Freyn knew each other.
Singer says the main point of his argument, if the case is tried, is that the number of people tracked over the years means that the TTC has had to install doors on the edge of the platform at its stations.
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