Family sues Durham police over fatal Highway 401 crash

The family of the three people killed in a wrong-way Highway 401 crash involving Durham police has filed a lawsuit against the officers involved, the Durham Regional Police Services Board, and the estate of the driver who struck them.

The April 2024 collision claimed the lives of three-month-old Aditya and the boy’s grandparents, Manivannan Srinivasapillai, 60, and Mahalakshmi Ananthakrishnan, 55, after a cargo van, driven by 21-year-old Gagandeep Singh, entered the eastbound lanes of Highway 401 travelling westbound. Gokulnath Manivannan was driving his son and parents at the time of the collision.

Singh, who was also killed in the crash, was fleeing from responding officers following a reported robbery at an LCBO in Clarington.

The statement of claim, filed this week by Manivannan and Ashwitha Jawahar and obtained by The Leader Spirit, names Singh’s estate, the Durham Regional Police Services Board, and two officers — Sgt. Richard Flynn and Const. Brandon Hamilton — as defendants. The claim alleges negligence in the handling of the pursuit that led to the deadly collision.

Lawyers Brad Moscato and Adam Wagman, who represent the family, released a statement confirming the lawsuit.

“This is an unimaginable loss for our clients, and their primary focus right now is on grieving and supporting one another through this devastating time,” the statement reads. “We are working to ensure that a thorough investigation is conducted so that the family can get the answers they deserve about how this terrible incident occurred. Out of respect for the ongoing investigation and the family’s privacy, we will not be making further public comment at this time.”

Background on the crash

The collision occurred on April 29, 2024, shutting down a stretch of Highway 401 in Whitby for hours. Audio later obtained from police scanners revealed Ontario Provincial Police (OPP) officers had expressed concern about the pursuit, warning that “someone is going to get hurt” as Singh drove the wrong way on the highway.

Manpreet Gill, who had been riding in the cargo van with Singh at the time of the collision, sustained serious injuries but survived. He later faced 13 charges tied to the robbery investigation, though none were connected to the fatal crash itself.

In 2024, Gill admitted guilt to two counts of theft under $5,000, breaching a release order, and failing to comply with probation. He received a five-month jail sentence — a term shorter than the time he had already served in custody — and was placed on probation for two years.

The Special Investigations Unit (SIU) launched an investigation into the conduct of Durham officers. Months later, it was reported that Sgt. Flynn and Const. Hamilton had declined to be interviewed by the SIU, as permitted under Ontario law.

In a statement shared by the SIU shortly after the crash, Manivannan said the pain of losing his 60-year-old father, 55-year-old mother and three-month-old son was far worse than the physical injuries he suffered in the crash.

The lawsuit seeks damages and accountability, though the specific financial claims have not been disclosed. The case will proceed through the Ontario courts.