Family of Ontario toddler who died in fall files $3.75M lawsuit

The family of a toddler who died in a fall Oct. 2, 2021 has filed a $3.75-million lawsuit against the owner of the building, the city of London, and several other parties.

The parents and grandparents of the 22-month-old Inayah filed the statement of claim in a London court late last week.

The suit claims negligence in the apartment’s design, construction, and maintenance led to the death of the toddler. The statement of claim has not been tested in court.

Inayah’s parents, Fatema Sugra Saifuddin Bismillah and Hussain Fakhruddin Netterwalla, are seeking $2,000,000 in general damages, $500,000 in punitive and exemplary damages, and $500,000 in aggravated damages.

The grandparents of Inayah are seeking a combined $750,000 in general and special damages.

Eight defendants are named in the lawsuit, including the owner of the building at 400 Lyle Street, Medallion Corp. and the City of London. Also included are two consulting engineering firms, a window and railing installation company, and a city employee.

A city of London spokesperson declined to comment Thursday, citing the ongoing legal proceedings.

Global News reached out to Medallion Corp. for comment, but received none at the time of publishing.

The suit claims that Netterwalla was on the balcony with Inayah when she lost her balance and slipped through the gap between the balcony wall and guardrail.

The suit claims the gap between the wall and balcony is six inches, wider than the allowed four inches in accordance with the Ontario Building Code.

Shortly after the fall, city officials asked residents of the building to stop using their balconies after an investigation deemed them unsafe.

The suit claims that both parents were “at all material times, conducting themselves in a careful and prudent manner,” and Netterwalla was watching over the toddler.

It states that Inayah’s death was a direct result of the joint negligence of the defendants and any of their employees or agents.

The 17-page document puts forward 78 total claims against the defendants.

23 are against Medallion Corp., including that the corporation failed to construct the building in accordance with the Ontario Building Code and that it knew that the balconies on the building created imminent danger.

17  are made against the city of London and its staff, including approving the building for occupancy, despite the balcony’s design not meeting building code standards.

The statement of claim has not been tested in court.