Family suing after daughter hit and killed in Calgary crosswalk in May

*Editor’s note: Police said Oct. 19 the information below that Avayah’s mother waved the driver through the intersection was “inadvertently released to the media without verification. The subsequent investigation could not confirm this fact and the origin of the information could not be traced. The Calgary Police Service apologizes to the Toulon family for the release of this information.”

The father of a four-year-old Bowness girl who was hit and killed in a crosswalk last May has spoken out about his ordeal for the first time since charges were laid against the alleged female driver.

Tanis Lambert, 38, was charged Wednesday with careless driving and operating an uninsured motor vehicle. Police said neither alcohol nor speed were factors in the collision.

The Toulon family is suing Lambert and an unidentified person.  The family is seeking financial compensation for damages for Craig, Samantha and their remaining five children.

Craig Toulon sat beside his wife Sam as he explained why it was so important the family’s account come out about what happened the day his little girl, Avayah Toulon, died. It was a moment, he said, that ruined his family.

In describing the days after the collision Toulon told Global News it was almost like a nightmare.

“Hard to keep food down. Hard for me to love the way I’ve always loved. Hard for me to feel the way I’ve always felt.”

According to a statement Toulon released through his lawyer, his family was returning from a walk by the Bow River when Avayah was hit and killed by a pickup truck just a block from their home. Her five siblings were steps in front of her when the accident occurred.

READ MORE: Little girl killed after being hit by vehicle in northwest Calgary

“All children had stopped at the curb and waited for their mother’s permission to cross. They are all aware of road safety. They walked slowly across the road in single file, Avayah walking last in front of us. I turned momentarily and heard my wife screaming.

I turned back and saw the truck hit my poor Avayah,” said Toulon.

In a statement released by his lawyer, Toulon said the driver of the Ford F150 did not brake until being flagged down by other pedestrians, and that an engineering firm confirmed the driver did not try to stop.

According to the family statement, the original release from police said Avayah’s mother waved the driver through the intersection, which the Toulons are disputing.*

READ MORE: ‘I looked to make sure it was safe’ – Calgary mom of 4-year-old killed by truck replays tragedy

Toulon said the police release came out before investigating officers had obtained statements from him or his wife, who were the primary witnesses to the collision. He says the police statement “was terribly unfair to me and our family.”

Global News contacted police for a reaction to Toulon’s comments but police would not comment because the case is before the courts.

Toulon also expressed frustration with the legal system as a whole since the alleged driver is facing charges under the Traffic Act, as is the norm when a traffic fatality does not involve drugs or alcohol. In his statement he said, “the negligent driving of a motor vehicle that results in death should be criminalized in certain circumstances and that the facts in this case do warrant criminal charges.”

The statement of claim against Lambert and the unidentified defendant was filed with the Court of Queen’s Bench June 10, 2016. The defendants had 20 days from that date to respond. According to Stephen Nelson, lawyer for the Toulon family, a statement of defense was never filed.

Global News has been making efforts to contact Tanis Lambert but have been unable to locate her.

With files from Mia Sosiak