Family of senior killed by man falling from Leaside Bridge sues city

Family of senior killed by man falling from Leaside Bridge sues city

The $1.7M lawsuit claims the City of Toronto was negligent for not installing a suicide barrier as was done on the Bloor Viaduct

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The family of a senior citizen killed after a pedestrian fell from the Leaside Bridge and landed on a vehicle he was travelling in on the DVP nearly a year ago is suing the City of Toronto.

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The $1.7-million lawsuit, filed last week, reportedly accuses the city of negligence for not installing a suicide barrier along the bridge on Millwood Rd.

CTV News Toronto reports a statement of claim filed Tuesday alleges Harold Lusthouse, 76, of Thornhill, was a passenger in the vehicle driving north on the Don Valley Pkwy. – heading to a brunch for Father’s Day – when a man walking on the bridge overhead “jumped or fell to his death” just before noon on June 16, 2024.

The man landed on the vehicle “violently crushing” Lusthouse and causing him to suffer “catastrophic” injuries, according to the statement of claim.

Lusthouse died in hospital two days later – four days before he would have celebrated his 77th birthday.

The Leaside Bridge, which spans a section of the Don Valley connecting Leaside to East York, is seen here on Friday, June 28, 2024.
The Leaside Bridge, which spans a section of the Don Valley connecting Leaside to East York, is seen here on Friday, June 28, 2024. Photo by Jack Boland /Toronto Sun/Postmedia Network

The lawsuit – which lists Lusthouse’s daughter Tali Uditsky, son Landon, and grandchildren as plaintiffs – claims damages for the emotional and financial impact of Lusthouse’s death, including the cost of his funeral and counselling for his family.

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And it alleges the city should have “known the risks” of failing to install a barrier on the bridge.

“The Defendant, City of Toronto knew or ought to have known, since at least 2003 (if not earlier), that the Leaside Bridge was a common site for falls and/or suicide attempts which it knew or ought to have known rendered the Leaside Bridge unsafe for pedestrians and/or vehicular traffic travelling on the Don Valley Parkway without reasonable safety measures in place,” the statement of claim reportedly alleges.

A cyclist on the bike lane along the Bloor Viaduct in Toronto, Ont., on Thursday, May 9, 2019.
A cyclist on the bike lane along the Bloor Viaduct in Toronto, Ont., on Thursday, May 9, 2019. Photo by Ernest Doroszuk /Toronto Sun/Postmedia Network

Toronto Police have yet to say if the man jumped or fell to his death, but the incident was not treated as a criminal matter.

A spokesperson for the city has reportedly told CTV News Toronto it has received the lawsuit and will respond in “due course.”

But the city offered no further comment as the matter is now before the court.

The illuminated Bloor St. viaduct as seen from Bayview Ave in Toronto, Ont., on Thursday, June 25, 2015.
The illuminated Bloor St. viaduct as seen from Bayview Ave in Toronto, Ont., on Thursday, June 25, 2015. Photo by Ernest Doroszuk /Toronto Sun/Postmedia Network

The Leaside Bridge is about 6.5 km north of the Bloor Viaduct, where a suicide barrier was installed in 2003. The barrier drastically reduced the number of suicides from the Bloor Viaduct, which previously had a death toll that was second only to San Francisco’s Golden Gate Bridge in North America.

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A 2017 study found only one suicide death had occurred from the Bloor Viaduct in the 11 years after the barrier was installed. An average of nine people per year reportedly plunged to their death in the 11 years prior to the barrier’s installation.

CBC reports police figures show there were 17 suicides or attempted suicides from the Leaside Bridge in 2023, nine in 2024 and none in 2025 as of April 28.

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Speaking about her dad’s death at Toronto’s Infrastructure and Environment Committee on April 9, a grief-stricken Uditsky reportedly asked, “How could this happen?”

“How could drivers and passengers travelling 100 km/h on the Don Valley Parkway – a busy highway – be exposed to this kind of danger?” she wondered.

“My loving dad, who deserved so many more years of life, he was the picture of health,” Uditsky said. “He was stolen from us, taken away as a result of the failure of the city to protect its citizens.”

“This could have happened to anyone,” she pointed out.

The Leaside Bridge, which spans a section of the Don Valley connecting Leaside to East York, is seen here on Friday, June 28, 2024.
The Leaside Bridge, which spans a section of the Don Valley connecting Leaside to East York, is seen here on Friday, June 28, 2024. Photo by Jack Boland /Toronto Sun/Postmedia Network

City Council ultimately voted in favour of implementing “immediate safety measures” on the Leaside Bridge.

A report on plans for a more permanent design is expected to be delivered at an Infrastructure and Environment Committee meeting on Sept. 26.

cdoucette@postmedia.com

@sundoucette

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