TTC calls for $1M subway-pushing lawsuit to be dismissed; says pusher, victim at fault

The Toronto Transit Commission is denying any responsibility for injuries to a woman pushed onto the subway tracks at Bloor-Yonge station in April, instead laying blame on the woman charged with pushing her — and the victim herself.

In a statement of defence filed last week in response the $1 million lawsuit launched by plaintiff Shamsa Al-Balushi, the TTC called for the proceedings to be dismissed.

"The TTC states and the fact is that it is … not in any way liable for any of the injuries and damages alleged to have been sustained by the Plaintiff arising out of the incident that occurred at Bloor-Yonge Subway Station," the statement reads.

TTC spokesperson Stuart Green declined to comment, telling CBC News that the agency does not speak about ongoing legal matters.

According to a statement of claim filed last month, Al-Balushi suffered a broken rib when she was pushed onto subway tracks on April 17, and continues to suffer ongoing back and neck pain, as well as physical and emotional trauma and insomnia. 

She survived by pressing herself against the subway platform to avoid being hit by an oncoming train.

According to court documents, Al-Balushi was "terrified" and "screaming in pain" after being pushed. The claim alleges she waited for approximately 30 minutes for someone to help her.

A 45-year-old woman was arrested at Finch GO station the day following the incident. She has been charged with attempted murder.

The initial claim says that while the alleged assailant who pushed Al-Balushi onto the tracks was not employed by or affiliated with the TTC, the TTC is still liable for the incident.

"The TTC is liable for the injuries that Shamsa sustained, in that it failed to implement sufficient safety protocols on the subway platform; failed to provide regular supervision of the passengers; did not have adequate surveillance of the platform; failed to promptly respond to the incident," the claim says.

In its statement of defence, the TTC instead argues that liability rests on Al-Balushi and the woman accused of pushing her.

Lawyers for the transit agency say the accused in the criminal case "acted with reckless disregard for the life and well-being of the Plaintiff" and assaulted her, alongside contravening TTC bylaws.

The statement of defence also alleges that Al-Balushi "failed to take reasonable steps and precautions for her own safety and protection" because she "chose to stand close to the edge of the platform," and "failed to pay due care and attention to her surroundings."

Lawyers for the TTC also claim the victim shares blame for the incident because "she was travelling alone and unassisted on public transit when she knew or ought to have known that it was unsafe for her to do so."