York prepares statement of defense against $20.5 million lawsuit

York is currently gathering information to prepare its statement of defense against a $20.5 million lawsuit put forth by victims and witnesses of the March 6 Student Centre shooting.
During the incident Annie Malik was shot in the leg and Namra Malik was injured by shrapnel from a bullet.
Kemon Edwards, 22, was later arrested on March 13 as an alleged suspect of the incident. According to reports, he has since been charged with careless use of a firearm, discharging a firearm, endangering life, aggravated assault, and unauthorized possession of a firearm.
Although the students are unable to comment on the lawsuit against York, Sandra Zisckind, the lead lawyer on the case, says each plaintiff approached Diamond & Diamond Personal Injury Lawyers individually.
Joanne Rider of York media says the university was served with a statement of claim on April 11.
According to the statement, Annie is suing for $18 million, Namra is suing for $1 million, and six other students are suing for $250,000 each, for a collective amount of $20.5 million.
[su_quote]“The students feel there was a fundamental lack of security and safety, and preventive measures were not taken so violence would not occur on the campus,” says Zisckind.[/su_quote]
“The allegation is simply that York University did not live up to the standards of other comparable universities,” says Zisckind.
Among several other claims, the lawsuit also states the university failed to install a sufficient amount of security cameras, hire the appropriate amount security guards, and were unable to protect invitees of the university.
“As a result of the aforesaid incident, the Plaintiffs [Annie and Namra] will suffer severe and permanent injuries,” reads the statement.
[su_quote]In addition, the lawsuit states that Annie and Namra, and the six other plaintiffs, “Suffered severe and permanent injuries including post-traumatic stress disorder, paranoia, insomnia, nervousness, depression, irritability, and considerable pain and suffering.”[/su_quote]
According to the lawsuit, all will have a loss of enjoyment of life in the future due to the shooting.
Zisckind says at this point in time, it is not known if York could have prevented the incident from occurring.
“There has to be an explanation, and these plaintiffs deserve an explanation.”
Rider states that York empathizes with the survivors and their suffering, and says the university’s first priority is to provide a safe environment where people can study, live, and work.
“Statistics prove that York is as safe, or safer, than other campuses in the Greater Toronto Area. York University has been proactive and diligent in its approach to ensuring its campus is safe, including working closely with Toronto Police Service,” says Rider.
Rider points to several safety initiatives currently underway at York. These include the existing mobile safety app, emergency preparedness system, and evening transportation services.
Rider also refers to the current development of the bystander intervention program and sexual assault awareness, prevention, and response policy program.
Zisckind says the civil lawsuit is an exploratory process to pinpoint where potential deficiencies within York’s current security system lie.
She also adds that the firm is currently awaiting a response from York.
 
Ashley Glovasky
News Editor
 
Illustration by Erika Madsen
Photo image source: yFile