Building owner alleges negligence against father of toddler who fell from balcony
The owner of a London, Ont., apartment building where a toddler died after falling from a balcony two years ago has denied wronging, alleging the girl's father failed to properly supervise her.
Inayah Netterwalla was two months shy of her second birthday when she fell through a gap between the building wall and the balcony railing on Oct. 2, 2021, at 400 Lyle St.
In August of this year, the family filed a $3.7 million lawsuit against Medallion Corporation, Century Building Restoration, HGA Architecture, HGS Limited, Skyline Windows and Railing, BOCI Engineering, the City of London and a city worker.
That lawsuit alleged negligence in how the building was managed, maintained, designed and inspected for safety.
Medallion has now filed a statement of defence, alleging the girl's father Hussain Netterwalla failed to properly supervise her while "engaging in activities which he knew or ought to have unknown were unsafe."
The legal filing also claims Medallion "took such care as was reasonable in the circumstances to ensure that the occupants of the premises at issue were reasonably safe."
In its court filing, Medallion also requests the lawsuit against them be dismissed, with the plaintiff covering the court costs.
CBC News reached out to Hussain Netterwalla for comment on Monday but did not receive a reply.
None of the allegations made by any of the parties in the case have been proven in court.
A safety notice posted by the city at the building after the girl's death said the guardrails had openings greater that 10 centimetres, which doesn't comply with the building code. Tenants were also instructed to stay off their balconies after the girl's death.
HGA has filed a statement of defence which states the company was "not responsible for installation of the balcony or its railings at the premises."
BOCI Engineering has also filed a statement of defence in which it denies "each and every allegation contained in the statement of claim."