Toronto City Fights Lawsuit Over Leaside Bridge Fatality

UPDATE: The City of Toronto has just announced its intention to dismiss a lawsuit filed by the family of 76-year-old Harold Lusthouse, who tragically died after a man fell from the Leaside Bridge on June 16, 2024. The city argues it bears no liability for Lusthouse’s death, claiming it is protected by legal provisions regarding infrastructure safety.

The family of Lusthouse is seeking $1.7 million in damages, alleging that the city’s failure to install suicide barriers on the bridge directly contributed to the incident. According to the lawsuit, a man fell or jumped from the bridge, landing on Lusthouse’s vehicle while he was a passenger. Lusthouse succumbed to his injuries days later in the hospital.

In a statement filed at the Ontario Superior Court of Justice, the city denies any claims of negligence, stating it does not owe a “private duty of care” to Lusthouse. The city emphasizes that the City of Toronto Act provides immunity for policy decisions made in good faith, which they claim includes the decision on whether to install barriers.

The city points out that a report from the Toronto medical officer of health in 2018 indicated barriers would be evaluated for feasibility, but implementation would not likely occur until 2028 as part of broader bridge repairs. A feasibility study for the Leaside Bridge commenced in 2023, but Lusthouse’s tragic death occurred prior to its completion.

The city’s defense states that it has maintained its highways in a “reasonable state of repair” and is not obligated to implement every conceivable safety measure. “The fact that an accident is possible does not require a municipality to take any and all conceivable measures to prevent such an accident,” the statement reads.

As this lawsuit unfolds, the implications extend beyond this singular incident, raising critical questions about public safety and the responsibilities of city infrastructure. The city is now asking that the lawsuit be dismissed with costs.

If you or someone you know is struggling, help is available. Contact Canada’s Suicide Crisis Helpline at 988 or reach out to the Kids Help Phone at 1-800-668-6868.