A Toronto woman who was pushed onto the tracks of a busy subway station last month is suing the TTC, arguing not enough was done to prevent her from being shoved off the platform and first responders were unnecessarily delayed in rescuing her.
Shamsa Al-Balushi is arguing the TTC did not “implement sufficient safety protocols on the subway platform,” according to a statement of claim filed Wednesday, and did not order an incoming train to stop in time to prevent it from trapping her in a crawlspace extensions to the rails.
She is seeking $1 million in damages plus legal costs.
“While the assailant who pushed Shamsa onto the tracks was not employed by or affiliated with the TTC, the TTC is liable for the incident,” her lawyers argue in the statement of claim.
Edith Frayne, a 45-year-old Toronto woman, is now facing one count of attempted murder in connection with the incident.
The incident was captured on surveillance camera video that later became public.
Al-Balushi was under the platform for approximately 30 minutes before first responders were able to retrieve her and take her to hospital.
Her lawyers argue this amount of time was unreasonable “given the incision of the incident.”
Al-Balushi suffered several broken ribs, neck and back pain, and bruising of much of her upper body.
She quit her job three weeks before the incident and took on a new role.
As she is still in a probationary period in her new job, she’s recovering from her injuries without any access to benefits.
She doesn’t own a car and continues to take the TTC as she recovers from her injuries.
“Shamsa’s continued reliance on the TTC has substantially contributed to the deterioration of her mental health since the incident,” her lawyers argue.
Neither of Al-Balushi’s lawyers responded to requests by CP24 to comment about the matter on Thursday.
None of her claims have been tested in court.
For its part, the TTC declined to speak on the matter Thursday, with a spokesperson telling CP24 it does not “comment on ongoing legal matters.”
After the incident and for years prior, transit advocates have argued for platform edge doors to keep passengers on the platform from falling onto the tracks or coming into the path of an oncoming train.
As recently as 2018, the cost to install such barriers throughout Toronto’s subway network was pegged at more than $1 billion.