Family files lawsuit over deadly Hwy 401 police chase that killed baby, grandparents

The family of a baby boy who was killed along with his grandparents in a wrong-way police chase on Highway 401 are suing the Durham Region police officers involved, the police board and the estate of the driver who struck them. 

A statement of claim filed in court by the boy’s parents, Gokulnath Manivannan and Ashwitha Jawahar, and two other family members alleges police negligence and inadequate handling of the pursuit that left four people dead in April 2024. 

Three-month-old Aditya Vivaan Gokulnath and his grandparents, who were visiting from India, died when a wrong-way cargo van being pursued by police struck the family’s vehicle on the highway east of Toronto. 

The baby’s parents suffered “permanent and serious injuries” in the crash and have since lost income, incurred medical expenses and struggled with psychological trauma, the lawsuit claims. 

The driver of the cargo van also died in the crash that raised questions about the police decision to pursue a suspect in an alleged liquor store robbery into oncoming traffic on one of Canada’s busiest highways. 

The family’s lawyers, Adam Wagman and Brad Moscato, said the crash caused “an unimaginable loss” for their clients.

“Their primary focus right now is on grieving and supporting one another through this devastating time,” they said in a statement on Thursday.

“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.”

A spokesperson for Durham Regional Police Service said the force is aware of the lawsuit but cannot comment on it because of the ongoing legal process.

The two police officers named in the lawsuit have each been charged with three counts of criminal negligence causing death and two counts of criminal negligence causing bodily harm. Those charges have not been tested in court. 

Ontario’s police watchdog has previously said the officers gave chase around 8 p.m. on April 29, 2024 to a cargo van identified as a vehicle of interest in an alleged Clarington, Ont., liquor store robbery reported by an off-duty officer.

Police pursued the cargo van through local streets and eventually followed it into oncoming highway traffic at Stevenson Road in Oshawa, the Special Investigations Unit said.

The grandparents killed in the crash had just arrived in Canada from India for a family visit days before, their son said last year. 

In a statement shared by the SIU shortly after the crash, Gokulnath Manivannan said losing his 60-year-old father, 55-year-old mother and three-month-old son had left him with profound grief.

The family’s lawyers said Thursday that police have a vital role in keeping communities safe but there is a need to balance crime prevention with public safety.

“The family hopes that this heartbreaking event leads to a careful review of how and when pursuits are authorized, and that clear, consistent standards are always followed,” they said. “Public safety must remain the top priority.”

The allegations in the lawsuit have not been tested in court.

This report by The Canadian Press was first published Oct. 16, 2025.