Director's Report Details

The Team

Complainant:

Civilian Witnesses

Witness Officers

Subject Officers

Video/Audio/Photographic Evidence

Global Positioning System (GPS) / Automatic Vehicle Locator (AVL) & In-car Camera System (ICCS) Data

• It was the understanding of the SIU investigator that AVL data were collected from the police vehicles about every 125 metres when the vehicle was in motion, and about every five minutes when the vehicle was stationary. These parameters would be affected by sightlines to satellites;
• TPS provided 50 GPS data points;
• GPS latitude and longitude were copied and pasted into the program Google Earth Pro which displayed each GPS point on a map. Tools within Google Earth Pro were used for measurements and to view traffic controls and posted signs;
• The SIU investigator analyzed 43 of the data points which were relevant to the SIU investigation of the SO’s operation of the police vehicle leading up to the motor vehicle collision;
• The data points considered for the analysis commenced at about 11:22 a.m. and concluded at about 11:27 a.m. on April 13, 2020;
• For the purpose of this report the lanes on Yonge Street and on Sheppard Avenue West were numbered from the centre of the road to the curb, beginning with one; and
• For the purpose of this analysis all speeds, times, and distances were approximate.

• The SO and WO #1 were logged onto, and the SO was operating, a fully marked Ford SUV equipped with flashing emergency lights and a siren;
• WO #2 and WO #4 were operating Ford Sedans, similarly equipped.

• Video commenced. The SO was in the parking lot of 32 Division;
• Thirty seconds later audio commenced as the flashing emergency lights and siren were activated;
• The SO exited the lot and travelled northbound on Ellerslie Avenue;
• The roads were wet, and the sky was overcast. There did not appear to be a need for windshield wipers;
• The SO turned right onto Churchill Avenue. He slowed but not did stop at a stop sign. No other traffic was affected;
• The police radio communications were heard in the background;
• The SO turned right onto Yonge Street on a green light and travelled southbound;
• There was little traffic; and
• A few pedestrians were observed.

• The SO had a green traffic light at Empress Avenue/Park Home Avenue. He entered the intersection from the left turn lane having passed other traffic which was stopped in the southbound through lanes. He passed through the intersection with no other traffic affected.

• The SO passed uneventfully through the traffic light-controlled intersection of Yonge Street and Elmwood Avenue/North York Boulevard, on a green traffic signal.

• The SO faced a red light at this intersection. He stopped (or very close to a stop) in southbound lane one, then entered and passed through the intersection. No other traffic was affected;
• As per the AVL, the SO travelled southbound on Yonge Street from Church Street to Sheppard Avenue West, a distance of about 1.4 kilometres, in about one minute and 19 seconds, for an average speed of 62 km/h, with a maximum recorded speed of 99 km/h south of Elmwood Avenue;
• Yonge Street was straight, with the speed limit presumed to be 50 km/h;
• The SO had his flashing emergency lights and siren activated the entire time while southbound on Yonge Street.

• The SO turned right from the southbound left turn lane of Yonge Street onto Sheppard Avenue West;
• From 11:23 to 11:26 a.m., the SO travelled westbound on Sheppard Avenue West to Allen Road. The distance was about 4.3 kilometres;
• The SO travelled 4.3 kilometres in about two minutes and 44 seconds, for an average of 96 km/h;
• The SO’s maximum recorded speed on Sheppard Avenue West was 123 km/h while passing Earl Bales Park;
• 50 km/h speed limit signs were posted on Sheppard Avenue West;
• The SO had his flashing emergency lights and siren activated the entire time while he travelled on Sheppard Avenue West;
• There was light traffic on Sheppard Avenue West. No traffic was seen to be adversely affected by the SO’s police vehicle;
• The majority of civilian vehicles were properly pulling to the right for the approaching police vehicle(s);
• Sheppard Avenue West was straight and appeared to be wet or at least damp;
• The SO passed through the traffic light controlled intersections of Sheppard Avenue West at Beecroft Road, Senlac Road, Brentwood Avenue/Easton Road, Bathurst Street, Bryant Street/Yeomans Road, Goddard Street, Wilmington Avenue, Wilson Heights Boulevard, and the entrance/exit at the Sheppard West transit station prior to reaching Allen Road;

• As per the ICCS, the traffic light was green for the SO;
• As per the AVL, the SO travelled at 80 km/h just prior to the intersection and 104 km/h just after the intersection.

• As per the ICCS, the traffic light was green for the SO. A westbound civilian vehicle moved from lane one to lane two as the SO approached from behind;
• As per the AVL, the SO travelled at 93 km/h in the intersection.

• As per the ICCS, the traffic light was green. No other vehicles were present;
• As per the AVL, the SO travelled 101 km/h as he approached the intersection and 109 km/h just after the intersection.

• As per the ICCS, westbound Sheppard Avenue West had a slight downgrade into the Earl Bales Park area. A posted speed limit sign was visible on the ICCS (not found on Google Maps Street View) of 50 km/h. On a long straight bridge (perhaps over a valley of some sort, or over Earl Bales Park itself), there were two westbound and two eastbound lanes and there was nothing on either side of the road. There was very little other traffic;
• The AVL recorded the speed of the SO’s police vehicle as 101, 109, 117, 123, 123, 120, 115, and 99 km/h;
• Sheppard Avenue West in this area appeared to be drier than on Yonge Street but still at least damp.

• As per the ICCS, the SO moved to the left turn lane and approached a red light. As he slowed drastically and perhaps even stopped at the stop line, the light changed to green and the SO proceeded through the intersection;
• As per the AVL, the SO slowed to at least 11 km/h.

• As per the ICCS, the traffic light was green for the SO. Flashing emergency lights from WO #4’s police vehicle travelling westbound ahead of the SO were visible;
• As per the AVL, the SO approached the intersection at 93 km/h and travelled at 99 km/h just after the intersection.

• The traffic light was green and there were no other vehicles present;
• As per the AVL, the SO travelled 109 km/h in the intersection.

• As per the ICCS, the traffic light was green for the SO;
• The flashing emergency lights from the police vehicles operated by WO #2 and WO #4 were visible ahead of the SO;
• As per their ICCS, WO #2 and WO #4 had been travelling westbound on Sheppard Avenue West ahead of the SO;
• As per the AVL, the SO travelled 96 km/h as he exited the intersection.

• The SO caught up to WO #2 and WO #4;
• As per the ICCS, the traffic light was red;
• WO #2 stopped in the centre of the intersection with his flashing emergency lights activated;
• WO #4 stopped partially into the intersection behind WO #2, with his flashing emergency lights activated;
• The first two police vehicles were essentially blocking the intersection. The SO slowed but did not stop prior to entering, and then passed uneventfully through the intersection in a “leap-frog” fashion with WO #2 and WO #4;
• As per the AVL, the SO travelled 69 km/h as he approached, and 78 km/h after, the intersection;
• WO #4 then crossed through the intersection and followed the SO;
• WO #2 then followed WO #4.

• As per the ICCS, the traffic light was green for the SO. A transit bus was stopped in the westbound curb lane and an SUV was stopped in the westbound passing lane. The eastbound traffic was stopped on the green light presumably because the drivers had seen the approaching police vehicles;
• The SO entered the left turn lane and passed through the intersection;
• As per the AVL, the SO travelled 88 km/h as he exited the intersection.

• As per the AVL, 250 metres east of the intersection of Sheppard Avenue West and Allen Road, the SO travelled 78 km/h;
• As per the ICCS, the SO approached the traffic light-controlled intersection of Sheppard Avenue West and Allen Road in the passing lane. The traffic light was red for Sheppard Avenue West. There was no other traffic westbound, or eastbound. There were vehicles flowing northbound and southbound on Allen Road;
• As per the ICCS of WO #4, as he approached the intersection, the SO came to a stop, or at least very close to a complete stop, in the area of the stop line and the crosswalk;
• There was an older model vehicle, light in colour, in the intersection waiting to turn left from southbound to eastbound, and another vehicle waiting behind the older model vehicle. These vehicles would have created an obstruction of the traffic travelling southbound on Allen Road in the through lanes for the SO;
• The ICCS in the SO’s police vehicle did not afford a view of the traffic travelling southbound on Allen Road save and except for the older model vehicle in the intersection waiting to turn left;
• WO #4 approached the intersection behind the SO and straddled the two westbound through lanes with his flashing emergency lights and siren activated;
• WO #2 approached behind WO #4 in the westbound passing lane with his flashing emergency lights and siren activated;
• All three police vehicles had their flashing emergency lights and sirens activated;
• As per the ICCS in the SO’s police vehicle, the siren changed sounds and the airhorn was being depressed;
• The northbound traffic slowed as if to allow the SO to proceed into the intersection;
• As viewed in the ICCS from WO #4, the SO released the brakes and entered the intersection;
• Three or four seconds after the SO accelerated to cross the intersection, a male voice in the SO’s police vehicle [now known to be WO #1] said, “Watch. Watch”;
• The investigator did not hear WO #1 say, “Go,” on the ICCS;
• Four to five seconds after the SO released the brakes and entered the intersection, the SO pressed the brakes. The police vehicle appeared to be in about the middle of the intersection crossing over southbound through lane number one;
• About one quarter of a second later, the SO’s police vehicle was struck on the passenger side by the southbound Tesla;
• The SO’s police vehicle had entered the intersection about five seconds prior to the collision;
• The Tesla entered the intersection about one half second prior to the collision;
• As captured best in the ICCS of WO #2, the Tesla appeared to be travelling exceptionally faster than other traffic on Allen Road;
• There was a violent impact with the front of the Tesla colliding with the passenger side of the SO’s police vehicle;
• The SO’s police vehicle was forced sideways, lifted off the ground, bounced, and veered towards the southwest corner of the intersection;
• The Tesla rotated clockwise and veered into the eastbound lanes near the eastbound stop line in front of a transit bus;

• As per the ICCS, the SO’s police vehicle came to rest facing southwest in the grass on the southwest corner of the intersection;
• The final AVL data point considered for this analysis followed the second last data point by over one minute and showed the SO stopped on the southwest corner of the intersection.

Toronto Transit Commission (TTC) Video

• At 11:20:06 a.m., the video commenced. TTC Bus #1 was in the area of Sheppard Avenue West and Northover Street;
• At 11:26:25 a.m., TTC Bus #1 was travelling in the curb lane eastbound on Sheppard Avenue West approaching Allen Road. At the intersection, there were four lanes of travel eastbound on Sheppard Avenue West: a left turn lane, 2 through lanes, and a right turn lane;
• At 11:26:29 a.m., the SO’s cruiser was travelling in lane #1 westbound on Sheppard Avenue West with its emergency lights activated. The SO’s cruiser stopped at the Allen Road intersection for approximately four seconds;
• At 11:26:34 a.m., the SO’s cruiser proceeded westbound through the intersection on a red light. The vehicular traffic northbound on Allen Road had slowed and stopped. A southbound vehicle, possibly in the left turn or lane #1, had stopped after the designated crosswalk area;
• At 11:26:36 a.m., the Complainant’s vehicle entered the intersection on a green light and collided with the passenger side of the SO’s cruiser. Upon impact, the rear of the SO’s cruiser lifted off the ground and then came to rest in the grass ditch in the southwest corner of the intersection. The Complainant’s vehicle came to rest in the curb lane of the eastbound lanes of Sheppard Avenue West. The vehicle’s airbags had deployed and there was significant front-end damage; and
• At 11:26:38 a.m., a TPS cruiser [now known to be that of WO #3 and WO #4] stopped at the intersection in lane #2 and a TPS cruiser [now known to be driven by WO #2] in lane #1 appeared to be slowing to a stop at the time of the motor vehicle collision.

• At 11:20:16 a.m., TTC bus #2 was at the Sheppard-Yonge Bus Station;
• At 11:24:33 a.m., a TPS cruiser [now known to be driven by WO #2] slowed and stopped at the intersection of Sheppard Avenue West and Bathurst Street in the left turn lane;
• At 11:24:37 a.m., a TPS cruiser proceeded through the intersection on a red light;
• At 11:24:48 a.m., a TPS cruiser [now known to be driven by WO #4] slowed at the Sheppard Avenue West and Bathurst Street intersection in the left turn lane for approximately 2 seconds;
• At 11:24:50 a.m., a TPS cruiser proceeded through the intersection on a red light;
• At 11:25:02 a.m., a TPS cruiser [now known to be driven by the SO] slowed at the intersection in the left turn lane for approximately 1 second;
• At 11:25:03 a.m., a TPS cruiser proceeded through the intersection on a green light; and
• At 11:30:31 a.m., bus #2 was in the area of Sheppard Avenue West and Allen Road in the curb lane at a red light.

• At 11:27:27 a.m., TTC bus #3 departed Sheppard-Yonge Bus Station and proceeded eastbound on Sheppard Avenue West;
• At 11:33:16 a.m., TTC bus #3 was in the area of Wilson Heights Boulevard and Sheppard Avenue West; and
• At 11:34:21 a.m., TTC bus #3 was in the area of Allen Road and Sheppard Avenue West.

• At 11:22:28 a.m., TTC bus #4 was in the area of Sheppard Avenue West and Allen Road in the curb lane proceeding eastbound; and
• At 11:26:40 a.m., TTC bus #4 was in the area of Sheppard Avenue West and Robert Woodhead Crescent, approximately 3.1 kilometres west of the motor vehicle collision.

• At 11:20 a.m., TTC bus #5 was idle at the Sheppard Avenue West Subway Station (previously known as Downsview Subway Station); and
• At 11:26:22 a.m., TTC bus #5 was in the area of Sheppard Avenue West and Kodiak Crescent, approximately 550 metres west of the motor vehicle collision.

• At 11:26:30 a.m., TTC bus #6 was in the area of Sheppard Avenue West and Chesswood Drive, approximately 1.3 kilometres west of the motor vehicle collision.

• At 11:29:38 a.m., TTC bus #7 was in the area of Sheppard Avenue West and Allen Road.

Materials obtained from Police Service

•  Notes of the WOs and SO.
• GPS / AVL data file;
• ICCS recording for three TPS cruisers;
• EDR report for the TPS Ford Explorer driven by the SO; and
• EDR report for the Tesla driven by the Complainant.

Materials obtained from Other Sources

• Video recorded by seven TTC buses, which had six interior cameras and five exterior cameras installed.