Six bombing victims sue restaurant
Plaintiffs file suit seeking $1M each, arguing owners ‘ought to have known’ about threat
Six victims of the bombing at Mississauga’s Bombay Bhel restaurant in May have filed a civil lawsuit against the establishment, accusing the owner of negligence and failing to ensure the safety of patrons.
The victims are each suing for $1 million, alleging the owners of the restau- rant “ought to have known” there was a threat and should have taken precautionary measures to protect their customers.
“The plaintiffs state that the defendant ... was wilfully, intentionally and or negligently blind to the real and actual threat of the bombing,” the statement of claim reads.
The claim was filed Monday in Onta- rio’s Superior Court of Justice. None of the allegations in the claim have been tested in court. Police said on Tuesday they have received no information that Bombay Bhel had been the target of threats.
The restaurant is closed for renovations, according to a notice seen plastered on its windows.
Its owners could not be reached for comment on Tuesday.
At a news conference on Tuesday, victims Sonia Sheth and Neelamjit Luthra were ushered into the room on crutches.
They sat while another victim, Porshia Mehta, and some family members stood together with their lawyers.
The three other plaintiffs were identified as Surjit Luthra, Parmeshavar Luthra and Arjun Luthra.
Fifteen people were injured in the explosion, which occurred at about 10:30 p.m. on May 24 at the restaurant on Hurontario St., near Eglinton Ave. E.
Police said about 40 people were in the restaurant at the time, including two separate birthday parties.
Three people suffered “critical blast injuries,” according to Diamond and Diamond Lawyers, the law firm representing the six plaintiffs.
The statement of claim said the plaintiffs believe “the bombing was carried out by a rival faction in a ‘turf war’ between rival business associates.”
The plaintiffs also allege the restaurant failed to take precautions to prevent the bombing.
“The result of their inactions is the fact that our clients have been severely injured, none of our clients have been back to work,” lawyer Darryl Singer told reporters. “They suffered surgeries, tremendous psychological damage similar to posttraumatic stress because they were involved in a bombing. The families have been put to the test of having to take care of their now-injured adult siblings and children.”
Lawyers said “sources” have told them the restaurant was the target of the bombing, and have gone to the police with the same information.
“It’s not uncommon, unfortunately in Toronto, as the city is getting more and more dangerous, to have gang violence, Mafia violence, where people are fighting for money,” lawyer Sandra Zisckind said.
Peel Region police Sgt. Matthew Bertram told the Star police have not received reports of threats directed at Bombay Bhel.
“The investigation has not revealed any information to suggest that there had been previous threats that had not been reported to police,” he said. “We have no information to suggest that this is a turf war.”
The plaintiffs said in a statement read by lawyer Jeremy Diamond that they had simply gone to the restaurant for dinner, a time meant for human connection among friends and families.
“That’s why it is unfathomable what happened to us on May 24. It is our belief that this tragic incident could have been prevented,” the statement noted.
They added: “We are victims of being in the wrong place at the wrong time.
“We believe we were carnage in a turf war between individuals we did not even know. We commence this lawsuit in an effort to demand more answers about what happened on that day.”
“The owners at Bombay Bhel have an obligation to take proactive steps to protect their customers,” Singer said.
Despite an appeal from police to the public and the release of video surveillance footage showing two suspects running from the scene, no arrests have been made in the bombing.
Two people walked into the restaurant carrying a homemade bomb, which they placed possibly near the front entrance, before fleeing.
After the bombing, investigators said there was no indication the attack was a hate crime or related to terrorism in any way. Three months after the bombing, police have not released a motive.
“In addition to the physical injuries, the ongoing psychological injuries are even more traumatic,” Singer said.
Their injuries ranged from wounds to the limbs and to the ears, to psychological injuries such as depression and anxiety, according to the claim.