Two police officers from Durham will face trial for their involvement in a fatal crash in April 2024 that resulted in the deaths of four individuals, including two grandparents and their infant grandchild. The incident occurred when the officers pursued a suspect driving in the wrong direction on Canada’s busiest highway.
Ontario’s Special Investigations Unit (SIU), responsible for probing deaths linked to law enforcement, formally charged Sgt. Richard Flynn and Const. Brandon Hamilton in January 2025. They each face three charges of criminal negligence causing death and two charges of criminal negligence causing bodily harm.
During a court session presided over by Justice Craig Brannagan, it was determined that there exists sufficient admissible evidence suggesting that the officers played a significant role in the fatal outcome. This finding paves the way for the officers to stand trial in court, with the hearing not serving as a verdict of guilt.
The tragic collision unfolded on April 29, 2024, following the decision to pursue a suspect involved in a liquor store robbery who was driving against traffic on Highway 401 in Whitby. The pursuit culminated in a multi-vehicle crash involving at least six cars, according to the SIU.
In one of the vehicles, Gokulnath Manivannan and his wife Ashwitha Jawahar were the sole survivors. Tragically, their three-month-old son, Aditya, and Manivannan’s parents, Manivannan Srinivasapillai and Mahalakshmi Ananthakrishnan, perished in the collision. The elderly couple had recently arrived in Canada from Chennai, India, just two days prior to the unfortunate incident.
The individual being pursued in the robbery case also lost their life in the crash. Subsequently, in October, Manivannan, Jawahar, and two other relatives initiated a $25 million lawsuit against the involved officers, the police board, and the suspect’s estate. The lawsuit alleges that the suspect displayed reckless disregard for the safety of others on the highway and that the officers acted negligently and recklessly by engaging in the pursuit.
Legal representation for the family is being provided by Brad Moscato and Adam Wagman from Howie, Sacks & Henry LLP. Wagman emphasized the family’s respect for law enforcement but underscored the need for accountability in this tragic event to prevent similar incidents in the future.
Although Durham Regional Police Association President Andrew Tummonds was present at the hearing, he chose not to offer any comments. Meanwhile, lawyers Lawrence Gridin and Sandy Khehra, representing Flynn and Hamilton respectively, mentioned that it will be several months before a trial date is scheduled and refrained from further statements.
