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North York family sues building over toddler's fatal fall from 19th-floor window, seeks $18M

Two-year-old Khanak Rakshit fell through bedroom window in May. Lawsuit alleges building management knew glass was unsafe and failed to make repairs.

· 3 min read · HOC Toronto Desk
North York family sues building over toddler's fatal fall from 19th-floor window, seeks $18M
File photo: Maximilian Ruther / Pexels
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The family of a toddler who fell to her death from a 19th-floor apartment window in North York in May is suing the building's owners and management for $18 million in damages, alleging negligence and failure to maintain safe conditions.

Two-year-old Khanak Rakshit fell through a bedroom window at 50 Graydon Hall Drive on May 10. According to the statement of claim filed in Ontario Superior Court on August 12, Khanak had been playing in the bedroom when she "gently touched" the window and the glass suddenly shattered. Both parents were in the room and witnessed her fall but could not reach her in time.

The lawsuit names GH Capital Corporation and 373041 Ontario Limited as building owners and two property managers as defendants. The family is seeking $18 million in damages, including compensation for the parents' "serious and permanent psychological injuries." Both parents have suffered depression, anxiety, PTSD, nightmares and ongoing emotional trauma following their daughter's death.

The statement of claim alleges that building management "caused or permitted unsafe and inadequate glass windows to be installed within the premises" and failed to maintain them. It further alleges numerous instances of negligence, including failure to install safety locks and failure to properly upgrade or replace glass windows.

The lawsuit states that management was aware or "ought to have been aware" of previous instances where unsafe glass resulted in injury or harm to residents. Lawyers for the family say Kashyap and Chauhan had previously filed service requests for window repairs in their apartment.

Michael Smitiuch, one of the lawyers representing the family, said the goal is to make the public "aware of the dangers in apartment buildings." He said management "knew the glass was unsafe, they knew it was thin, and they didn't take any measures to improve the safety of the glass, nor did they warn the tenants in this building."

None of the allegations have been tested in court. The city ordered the building unsafe following an inspection and required management to hire an engineer to conduct a professional evaluation. GH Capital Corporation has not responded to requests for comment, and the defendants' lawyer repeatedly declined comment.

What we asked

What does the building's window safety compliance history show prior to this incident?

What are the results of the structural engineering assessment ordered by the city?

We'll update this story as answers emerge.

The facts

When did the toddler fall from the window?

Two-year-old Khanak Rakshit fell through a bedroom window at 50 Graydon Hall Drive on May 10, 2026.

How much is the family suing for?

The family is seeking $18 million in damages, including compensation for the parents' serious and permanent psychological injuries.

What does the lawsuit allege about the building's management?

The lawsuit alleges that building management installed unsafe and inadequate glass windows, failed to maintain them, failed to install safety locks, and failed to properly upgrade or replace glass windows despite being aware or ought to have been aware of previous instances of unsafe glass causing injury to residents.