The City of Toronto is contesting a lawsuit filed by the family of a man who died after an accident at the Leaside Bridge last year. The city claims it did not have a "duty of care" in the incident and cites the City of Toronto Act, which it argues prohibits such lawsuits.

The accident occurred on Father’s Day 2024 when a man either jumped or fell from the Leaside Bridge, which spans the Don Valley at a height of approximately 45 meters. Harold Lusthouse, 76, was traveling with his daughter, Tali Uditsky, to a brunch when the man landed on their vehicle, resulting in severe injuries. Lusthouse died in the hospital days later.

Following the incident, Lusthouse’s family filed a lawsuit against the city, alleging negligence due to the absence of a suicide prevention barrier on the bridge. They are seeking $1.7 million in damages and potential future legal costs. Uditsky expressed her grief, stating, "He was stolen away from us … as a result of the failure of the city to protect its citizens."

In its defense, filed with Ontario’s Superior Court of Justice, the city denied the allegations and stated, "The City denies that it owed Harold a private duty of care in the circumstances and, in particular, denies that it owed Harold a private duty of care to take positive measures to prevent the Accident."

The city acknowledged its jurisdiction over the Don Valley Parkway and Millwood Road but emphasized that the possibility of an accident does not obligate it to implement every conceivable safety measure. The lack of pedestrian barriers on the Leaside Bridge has been a point of contention, especially since similar barriers were installed on the Bloor Viaduct in 2003.

The city has been considering the addition of barriers to the Leaside Bridge for some time. A 2022 inspection indicated that repairs would likely be needed in or after 2028. The city stated that if a feasibility study recommends a suicide prevention barrier, installation would not occur until after that date. In 2023, the city began a feasibility study for the bridge, but Lusthouse’s death occurred before its completion.

Stephen Birman, a lawyer representing Lusthouse’s family, highlighted the broader implications of the case, stating, "A family’s life is never the same after something like this happens. But above and beyond that, this is an issue about public safety and how a municipality should respond to known dangers or hazards in the community."

The city’s defense also references two sections of the City of Toronto Act that it claims prevent the lawsuit. Section 42 states that no action can be brought against the city for damages related to the presence or absence of barriers along highways. Section 390 protects the city from negligence claims connected to discretionary powers or policy decisions made in good faith.