The lawyer representing the family of a taxi driver killed in a high-speed car crash says the $2 million civil lawsuit they are pursuing is not a cash grab.
Russ Howe, a personal injury lawyer representing the family of Tahir Khan, told CTV's Canada AM Thursday the family has been left impoverished since its main caregiver was killed.
"His family doesn't have the things we take for granted," he said. "It's not a cash grab. In Pakistan, health care isn't free, education isn't free and that's what Mr. Khan was providing for his family and that's what we're trying to replace."
The lawsuit will argue loss of care and companionship, an economic loss and punitive damages.
Khan, who was supporting his family in Pakistan, was killed when the taxi he was driving was struck on Mount Pleasant Road in January 2006.
At the time of the collision, Alexander Ryazanov and Wang-Piao Dumani Ross, both 20, were driving separate Mercedes-Benzs as fast as 140 kilometres-an-hour on the busy Toronto street.
The cab was hit with such force, it was found wrapped around a hydro pole. The 46-year-old Diamond Taxi driver died almost instantly.
"(The lawsuit) will give the community a chance to speak out and say we don't approve of this kind of conduct," said Howe.
The men charged in the accident pleaded guilty and were sentenced to one year of house arrest and two years probation. The Crown, which initially pushed for a three-year prison term, is appealing the sentence.
The lawsuit will bring into question whether the men were street racing at the time. Howe said it could play a big role in the proceedings.
"The racing factor may play into the punitive damages and it may play into the risk the parents face because it may put at peril some of their insurance," he said. "If they've messed up their insurance coverage potentially by racing they've got some significant problems in this household to worry about."
Howe said he is investigating what happened to the Mercedes-Benzs and will try to see if they were equipped with a black box that recorded travelling speeds and other data.
"There's a lot of evidence we have yet to gather," he said.
The parents of both drivers are also named in the suit because they were the owners of the cars and the insurance policies were under their name. Under Ontario law, the owners of the vehicle are also responsible for the driver's actions, Howe said.
He said the parents had to be named in the suit in order to access the insurance.
Howe said he will only get paid for his services if the lawsuit is successful.
Khan was three days away from officially becoming a Canadian citizen before he died. It was his intention to bring over his wife and his mother from Pakistan.