Director's Report Details

On January 1, 2021 at 3:50 p.m., forensic investigators arrived at the scene and, at 4:15 p.m., commenced photography of the scene. The scene was Keele Street at Sheppard Avenue. Keele Street travelled in a north and south direction and Sheppard Avenue West travelled in an east and west direction. The intersection was controlled by traffic signals which were inoperative due to collision damage.

Keele Street was a multi-laned roadway with two lanes each for north and south. There were left-hand turn lanes at the intersection. Sheppard Avenue West was a multi-laned roadway with two lanes each for east and west. There were left-hand turn lanes at the intersection. Roadway surfaces were dry and in good repair. Lane markings were clear and visible.

There were three vehicles within the confines of the secured area.

Vehicle 1

2012 Mercedes M350 SUV, grey. This vehicle was orientated northeast along the west sidewalk of Keele Street approximately 60 metres north of the intersection. The vehicle was inverted and had considerable collision and fire damage.

Figure 2 - The Mercedes M350.

Vehicle 2

2012 Honda CRV SUV, grey. This vehicle was orientated northeast in the centre northbound lane of Keele Street north of the intersection. There was extensive collision damage to this vehicle.




Figure 3 - The Honda CRV.

Vehicle 3

2010 Hyundai Elantra, blue. This vehicle was orientated southwest along the centre median of Keele Street north of the intersection. There was extensive collision damage to this vehicle.




Figure 4 - The Hyundai Elantra.

There were several tire marks at the scene originating from a suggested area of impact in the northeast quadrant of the intersection that continued north towards the resting points of all three vehicles.

Photography of the scene and vehicles was completed, and coordinates were collected for a scene drawing.

At 6:10 p.m., the scene and vehicles were released to TPS.

At 6:45 p.m., forensic investigators arrived at TPS Division 12, and were escorted to the rear parking lot to examine the following vehicle involved in this incident.

Vehicle 4

2019 Ford Explorer Interceptor. This was a marked police cruiser displaying graphics as designed by the TPS. Emergency lighting and siren were installed and found to be operable at the time of examination. The cruiser was photographed. It was noted there was no collision damage to the cruiser that could be attributed to this incident. At 7:05 p.m., the cruiser was released to TPS.

On January 11, 2021 at 10:00 a.m., forensic investigators attended at TPS Fleet and Materials Management. The purpose of the meeting was to complete vehicle examinations of the following vehicles involved in this incident:

Vehicle 1 – 2012 Mercedes Benz;
Vehicle 2 – 2012 Honda CRV; and
Vehicle 3 – 2010 Hyundai Elantra.

The examination was photographed.

Scene Diagram

Forensic Evidence

Global Positioning System (GPS) / Automatic Vehicle Locator (AVL) Data – the SO’s cruiser

The GPS / AVL data were captured on January 1, 2021 and revealed the following:

At 11:27:00 a.m., the SO’s police cruiser was heading north on Keele Street doing 75 km/h. The cruiser was south of Rustic Road at 2535 Keele Street;

At 11:27:05 a.m., the police cruiser was doing 72 km/h heading north on Keele Street approaching Rustic Road;

At 11:27:09 a.m., the SO’s cruiser was doing 72 km/h heading north on Keele Street at 2597 Keele Street;

At 11:27:13 a.m., the cruiser was doing 73 km/h heading north at 2622 Keele Street approaching Falstaff Avenue;

At 11:27:18 a.m., the police cruiser was doing 72 km/h northbound on Keele Street approaching Floral Parkway south of Highway 401;

At 11:27:23 a.m., the SO’s cruiser was doing 61 km/h northbound crossing over Highway 401;

At 11:27:29 a.m., the cruiser was doing 38 km/h northbound on Keele Street north of Highway 401 approaching Sir William Hearst Avenue;

At 11:27:33 a.m., the police cruiser was doing 15 km/h headed north on Keele Street at Sir William Hearst Avenue. The cruiser’s roof lights were on;

At 11:27:39 a.m., the SO’s cruiser was doing 25 km/h headed north on Keele Street at the Highway 401 off ramp. The cruiser’s lights and siren were on;

At 11:27:42 a.m., the cruiser was doing 49 km/h northbound on Keele Street with its lights and siren on;

At 11:27:49 a.m., the police cruiser was doing 54 km/h going north on Keele Street approaching Wilson Avenue. The cruiser’s lights were on;

At 11:27:58 a.m., the SO’s cruiser came to a complete stop on Keele Street north of Wilson Avenue. The cruiser’s lights and siren were not on;

At 11:30:15 a.m., the cruiser became mobile doing 16 km/h northbound on Keele Street. No emergency equipment was on; and

At 11:31:22 a.m., the SO’s cruiser made a U-turn on Keele Street heading southbound on Keele Street doing 23 km/h south of Wilson Avenue. The SO continued heading southbound until he arrived at TPS 12 Division at 11:42:15 a.m.

Expert Evidence

Reconstructionist’s Findings

Shortly before 11:30 a.m. January 1, 2021, the SO operated a Ford Explorer as he drove northbound on Keele Street. He had attempted to stop a 2012 Mercedes Benz. The SO discontinued the pursuit and stopped on the east side of Keele Street near Wilson Avenue, some 1.95 kilometres south of Sheppard Avenue West, at 11:27 a.m.

The Mercedes Benz entered the intersection of Sheppard Avenue West at about 158 km/h on a red traffic signal 1.9 kilometres north of where the SO stopped his cruiser. At the same time, Complainant #2, driving her Honda CRV westbound from Sheppard Avenue West at Keele Street, entered the intersection on a green traffic signal. The right front corner of the Mercedes Benz impacted the left front corner of her CRV. The CRV was spun clockwise 450 degrees. The front of the CRV impacted the traffic signal pole in the centre median of Keele Street and came to rest.

The Mercedes rotated counter-clockwise and the right rear corner impacted the right front corner of the Hyundai Elantra, which was stopped facing south in the southbound left-turn lane of Keele Street immediately north of Sheppard Avenue West. This action caused the Mercedes Benz to become airborne and the left front corner impacted the base of a utility pole on the west side of Keele Street. The Mercedes flipped up and came to rest upside down facing northeast on the west sidewalk and boulevard of Keele Street. It then burst into flames a short time after coming to rest.

At no time did the SO’s cruiser come in contact with the Mercedes Benz or the other two vehicles involved in the collision.

Video/Audio/Photographic Evidence

The SIU searched for and/or obtained audio, video and/or photographic records of relevance, as set out below.

In-car Camera System (ICCS)

The video was taken on January 1, 2021 and revealed the following:

11:26:59 a.m. Start of video;

11:27:00 a.m. The SO’s cruiser was northbound on Keele Street about 100 metres south of and approaching Rustic Road;

11:27:02 a.m. The cruiser was at a south stop bar [2] at Rustic Road;

11:27:14 a.m. The SO’s police cruiser was at the south stop bar of Highway 401 off-ramp (337 metres travelled from Rustic Road);
11:27:30 a.m. The SO’s cruiser travelled 322 metres to Sir William Hearst Avenue and stopped behind a Mercedes Benz ML350 [believed to be driven by Complainant #1]. The cruiser’s roof lights were on;

11:27:31 a.m. Northbound movement commenced by the police cruiser and the Mercedes Benz;

11:27:33 a.m. The SO’s cruiser’s siren horn was activated for less than one second;

11:27:34 a.m. The police cruiser’s wail siren was activated;

11:27:35 a.m. The SO’s cruiser was at a northerly pedestrian crosswalk line of William Hearst Avenue;

11:27:45 a.m. The police cruiser’s wail siren was turned off;

11:27:45 a.m. The cruiser was at a south stop bar of Wilson Avenue (267 metres travelled from northerly pedestrian crosswalk line at Sir William Hearst Avenue);

11:27:47 a.m. The Mercedes Benz had passed a vehicle on the right and was no longer visible;

11:27:55 a.m. The SO’s cruiser stopped on the right side of Keele Street, 93 metres north of the south side stop bar of Wilson Avenue. The cruiser’s emergency lighting was turned off and gear shifter sounds were heard. This was 1950 metres (1.9 km) south of the south edge of Sheppard Avenue West; and

11:27:56 a.m. End of video.

Police Communications Recordings

The recordings were made on January 1, 2021 and revealed the following:

At 11:28:55 a.m., a woman called 911 to report a collision and a vehicle on fire at Keele Street and Shepperd Avenue. She advised the vehicle went through a red light;

At 11:28:55 a.m., a man called 911 and advised an ambulance was required at Shepperd Avenue and Keele Street;

At 11:28:57 a.m., a man called 911 reporting a big accident at Keele Street and Shepperd Avenue;

At 11:29:05 a.m., a man called 911 advising there was a three-car collision at Keele Street and Sheppard Avenue;

At 11:29:09 a.m., a man called 911 advising there was a bad accident at Keele Street at Sheppard Avenue. The power lines were down and one vehicle was on fire;

At 11:29:11 a.m., a woman called 911 advising of a collision at Keele Street and Sheppard Avenue;

At 11:29:50 a.m., the police dispatcher requested cruisers attend at Keele Street and Sheppard Avenue for a collision. One vehicle was on its roof and on fire;

At 11:30:20 a.m., a man called 911 requesting an ambulance;

At 11:30:29 a.m., the police dispatcher advised there was a vehicle on its roof with parties trapped;

At 11:30:50 a.m., a man [now determined to be CW #6] called 911 advising police, fire department and ambulance were required. He was driving a blue Hyundai and was involved in the collision. The vehicle that struck CW #6’s vehicle was on fire;

At 11:30:58 a.m., the police dispatcher advised a vehicle had run a red traffic light and fire and ambulance were en route;

At 11:31:37 a.m., a man from TTC called 911 reporting a collision at Keele Street and Sheppard Avenue;

At 11:32:05 a.m., the dispatcher asked for police units to go to Keele Street and Sheppard Avenue;

At 11:32:20 a.m., an unidentified man called 911 advising he was assisting at the collision. He told the dispatcher two police cruisers were on scene;

At 11:33:15 a.m., a man’s voice [now determined to be the SO] advised a dark blue Mercedes SUV [believed to be driven by Complainant #1] had taken off from him;

At 11:33:21 a.m., the dispatcher asked from what location;

At 11:33:25 a.m., the SO advised from Wilson Avenue northbound on Keele Street;

At 11:33:41 a.m., the SO gave the dispatcher a possible plate number for the Mercedes Benz;

At 11:33:56 a.m., the dispatcher asked if the SO got an occupant description and which way the Mercedes Benz was going;

At 11:34:01 a.m., the SO advised there were unknown occupants and the vehicle went north on Keele Street;

At 11:34:34 a.m., the SO asked the dispatcher if he could go to the police station to do paperwork for his fail to stop;

At 11:35:27 a.m., the dispatcher advised a dark blue Mercedes Benz had taken off on the SO heading north on Keele Street from Wilson Avenue;

At 11:35:36 a.m., the dispatcher advised the Mercedes Benz had failed to stop for a 12 Division police officer and the Mercedes was headed north on Keele Street;

At 11:43:43 a.m., the dispatcher asked all units at the collision to be on the 31 Division radio band; and

The remaining communications dealt with logistics and units attending the scene.

TTC Video

The TTC provided video from buses that were in the area of Keele Street and Sheppard Avenue on January 1, 2021, at the time of the incident. The videos from three TTC buses were reviewed. Nothing of evidentiary was captured on the recordings.

Series of Video Recordings from Premises Along Pursuit Route

TPS provided video footage taken on January 1, 2021, from various locations on Keele Street. The videos were reviewed to determine their relevance. The videos were from various business locations. These videos were of no evidentiary value to the investigation.

Dashcam from civilian

The dashcam video was provided by TPS. Numerous attempts to contact the civilian were met with negative results.

There was no date stamp attached to the video and the timing of the video began at 6:19 p.m. and ended at 7:11 p.m., seven hours past the time the incident occurred. The video showed a blurred dark vehicle drive past the dashcam; no marked police cruiser followed the dark vehicle.

Materials Obtained from Police Service

The SIU obtained the following records from the TPS between January 1 and 12, 2021:

• Computer-assisted Dispatch Event Details Report (x2);
• Email from TPS regarding 911 Callers;
• Email from TPS regarding Potential ID of Second Occupant - Mercedes SUV;
• GPS / AVL Data
• Motor Vehicle Collision (MVC) Report;
• Notes of the SO, WO and two undesignated officials;
• Occurrence Report;
• TPS Fail to Stop Report;
• TPS Civilian Witness List;
• TPS MVC Report;
• TPS Closed-circuit Television (CCTV) Video Recordings;
• TPS Communication Recordings;
• TPS ICCS Recordings;
• TPS Photos;
• TPS Policy-Suspect Apprehension Pursuit;
• Series of video recordings from premises along pursuit route; and
• Measurement Data.

Materials Obtained from Other Sources

The SIU obtained and reviewed the following records from the following other sources:

• Medical Records – Complainant #2, received January 18, 2021; and
• TTC Bus Stop CCTV.