Parents sue city police over probe into child’s death

The parents of a girl killed in a collision are suing the Calgary Police Service over its investigation into their daughter’s death.

On May 6, 2016, four-year-old Avayah (Avi) Toulon died after being struck by a pickup truck at an intersection.

Two years after the girl’s death, parents Samantha and Craig Toulon are taking the police to court.

The couple claims police released incorrect information about the collision, including that the driver stopped before the intersection and was waved through by one of the parents.

Avi was struck and killed by Tanis Lambert, who had been charged with careless driving and operating an uninsured motor vehicle.

But the charges were dropped last year, with prosecutor Rosalind Greenwood saying the Crown “concluded there is no reasonable likelihood of conviction and the Crown is withdrawing the charge.”

In 2017, Samantha Toulon testified that the couple and their six children were returning home from an outing.

The mother told the court her eldest child had cleared the intersection at 47th Avenue and 79th Street N.W. while her middle children — aged nine, eight, seven and fouryear-old Avi — were still crossing when she saw a truck approach.

In a statement of claim, the couple says incorrect information released by police led to the charges being dropped and sparked hatred, ridicule and contempt toward the family. The couple is seeking financial damages and a correction of Avayah’s report of death.

In 2017, the mother testified she “screamed ‘stop’, and as I screamed ‘stop,’ the truck didn’t slow down.”

“At that point, my eight-yearold screamed ‘Avi, run,’ ” Toulon told provincial court Judge Josh Hawkes. “Avayah turned, stopped, put her hands in the air and was struck,” she said.

“I saw my daughter go under the front wheel and under the second wheel, be dragged under … she went straight under the front wheel.”

Statements of claim contain allegation not proven in court and police have not commented on the lawsuit.