Director's Report Details

• The name of, and any information identifying, a subject official, witness official, civilian witness or affected person. 
• Information that may result in the identity of a person who reported that they were sexually assaulted being revealed in connection with the sexual assault. 
• Information that, in the opinion of the SIU Director, could lead to a risk of serious harm to a person. 
• Information that discloses investigative techniques or procedures.  
• Information, the release of which is prohibited or restricted by law.  
• Information in which a person’s privacy interest in not having the information published clearly outweighs the public interest in having the information published. 

Freedom of Information and Protection of Privacy Act

Pursuant to section 14 (i.e., law enforcement), certain information may not be included in this report. This information may include, but is not limited to, the following: 

• Confidential investigative techniques and procedures used by law enforcement agencies; and 
• Information that could reasonably be expected to interfere with a law enforcement matter or an investigation undertaken with a view to a law enforcement proceeding. 

Pursuant to section 21 (i.e., personal privacy), protected personal information is not included in this report. This information may include, but is not limited to, the following: 

• The names of persons, including civilian witnesses, and subject and witness officials; 
• Location information; 
• Witness statements and evidence gathered in the course of the investigation provided to the SIU in confidence; and 
• Other identifiers which are likely to reveal personal information about individuals involved in the investigation. 

Personal Health Information Protection Act, 2004

Pursuant to this legislation, any information related to the personal health of identifiable individuals is not included.

Other proceedings, processes, and investigations

Information may also have been excluded from this report because its release could undermine the integrity of other proceedings involving the same incident, such as criminal proceedings, coroner’s inquests, other public proceedings and/or other law enforcement investigations.

 
Number of SIU Forensic Investigators assigned: 2

Number of SIU Collision Reconstructionists assigned: 1

Affected Person (aka “Complainant”):

85-year-old female interviewed; medical records obtained and reviewed

The Complainant was interviewed on October 26, 2022.

Subject Officials

SO Interviewed, but declined to submit notes, as is the subject official’s legal right.

The subject official was interviewed on November 4, 2022.

 

Witness Officials

WO Interviewed

The witness official was interviewed on October 19, 2022.

 

Scene Examination #1

On October 14, 2022, at 1:10 p.m., SIU forensic investigators arrived on scene.

The involved vehicle, a silver Toyota, was in the westbound centre lane of North Shore Boulevard East. It was stopped approximately one metre west of the north-south crosswalk on the west side of the intersection.

North Shore Boulevard East ran (notionally) in an east-west direction. The roadway to the south travelled onto the grounds of the JBH and the Burlington OPP Detachment. The roadway to the north of the intersection travelled towards several high-rise buildings.

Westbound North Shore Boulevard East in the area consisted of two through lanes and a left turn lane into the JBH. Eastbound North Shore Boulevard East at the intersection consisted of two through lanes, a right turn lane into the JBH and a left turn lane towards the high-rise buildings.

All four directions of the intersection were controlled by traffic lights. There were also four crosswalks in the intersection, which were all controlled by pedestrian crossing lights. The north-south traffic lights appeared to be activated by sensors in the roadway. When activated, the north-south traffic lights turned to a solid green light.

The pedestrian crossing lights were activated by push buttons located on all four corners of the intersection. When the north-south crosswalk light on the west side of the intersection was activated by the push button, it took 45 seconds from the time the walk signal appeared until the traffic light turned red again.

There was a small stain of what appeared to be blood approximately three metres in front of the involved vehicle. There was a black umbrella in the open position slightly east of the stain and up against the centre median. There was a small indentation on the left side of the hood of the car. There was also a small indentation on the left front quarter panel of the car.

Scene Examination #2

On October 15, 2022, the SIU attended at the traffic light intersection on North Shore Boulevard East in front of the JBH.

The SIU monitored six cycles of the traffic lights. There was no advance green for north / southbound vehicles. There was about a three-second delay where all directions of vehicular traffic had a red light. For the white ‘walk’ symbol to display, a pedestrian had to push the activation button on the light pole or the ‘don’t walk’ symbol would remain [steady red hand] during the green light. When the white ‘walk’ signal was activated, there was about a five-second advance for the pedestrian(s) prior to the traffic light turning from red to green, for north and southbound vehicles.

Expert Evidence

The involved Toyota was found parked, but still running in westbound lane # 1 (numbered from the centre of the road outwards) near the centre island of North Shore Boulevard East, with the front about five metres west of the west line of the crosswalk on the west side of the intersection. The front wheels were still turned to the left and the Toyota was not straight in the lane.

Data from the Air Bag Module indicated no air bags had been deployed during this collision.

There was very minor damage to the front of the Toyota, including a small dent on the engine hood.

The final resting position of the Complainant on the road was identified by a small blood stain on westbound lane # 1 about eight metres west of the west line of the crosswalk on the west side of the intersection. She had come to rest about three metres west of the front of the position where the Toyota had stopped. It was apparent the Complainant had been crossing from the north side of North Shore Boulevard East towards the south side, and the SO had been turning left from the south side of North Shore Boulevard East to drive westbound.

The area of impact on the roadway could not be conclusively established by the physical evidence. This was consistent with the collision having occurred at a relatively low speed. This was also consistent with the weather (heavy rain) at the time of the collision.

The area of impact was within the pedestrian crosswalk on the west side of the intersection about even with the centre of westbound lane # 1. The crosswalk was about three to three-and-a-half metres in width.

The final resting position of the Complainant, as well as the short distance the Toyota stopped after the collision, were consistent with the collision having occurred at a low rate of speed.

As per a measurement on Google Maps, the area of impact was about 24 metres from the stop line on the south side of the intersection where the SO had reportedly been stopped waiting for the red light. This distance, combined with the low speed the Toyota was travelling when it struck the Complainant, was consistent with the Toyota having accelerated at a normal rate. The physical evidence was also consistent with the SO having reacted to the collision immediately, braking and bringing the Toyota to a controlled stop between five and eight metres after the collision.
The traffic signal lights appeared to have been functioning properly. There was no indication from any source of information that the vehicle or pedestrian signal lights were not functioning properly. The colour and phase of the traffic signal lights and the colour and phase of the pedestrian signals at the crucial times could not be determined by the physical evidence.

Video/Audio/Photographic Evidence [1]

911 Call Recordings

On October 18, 2022, the SIU received a copy of 911 calls from the HRPS relating to a motor vehicle collision involving the Complainant on October 14, 2022, on North Shore Boulevard East in front of the JBH. The following is a summary of the pertinent communications.

An unidentified man said he was at the traffic light on North Shore Boulevard East, in front of the JBH. There was a woman [now known to be the Complainant] lying on the ground. She was not getting up. The caller was asked if the vehicle involved had been travelling 50 km/h or more at the time and the man said he did not know, as he did not witness the collision. The Complainant was awake, breathing and talking. She was bleeding from the back of her head and was complaining of shoulder and back pain. The caller asked another man at the scene what had happened. That man could be heard saying, “She was struck by a car.” A woman could be heard in the background saying she was a nurse and was applying pressure. The woman reported the Complainant collapsed in the middle of the road, at the traffic light intersection in front of the JBH, Ambulatory Care entrance.

 

HRPS Radio Communications

The HRPS supplied the SIU with a copy of the radio communications relating to the motor vehicle collision in question. The following is a summary of the pertinent communications.

The HRPS was asked to attend a motor vehicle collision in front of the JBH. An elderly woman had been hit by a vehicle and was bleeding from the back of her head. There was no mention of a suspect vehicle. The caller said he had not witnessed the accident. An ambulance was en route.

The OPP was noted to be on the scene. The woman was reportedly hit by a vehicle and the vehicle was at the scene.

The woman - the Complainant - was being transported to the Hamilton General Hospital.

The OPP reconstruction team would be attending, and the SIU was to be notified as well.

 

OPP Telephone Call Recordings

The OPP supplied to the SIU with copies of three telephone calls from their Provincial Communication Centre (PCC), Orillia. The following is a summary of the pertinent communications.

It was noted that a pedestrian had been struck on North Shore Boulevard East outside of the detachment, and police officers were at the scene. The SIU liaison was to be notified.

**********

The OPP provided the SIU with telephone calls associated with a sergeant’s telephone in the PCC relating to the incident in question. The calls started at 10:25 a.m. and ended at 10:54 a.m. The following is a summary of the pertinent communications.

A pedestrian had been struck by an unmarked OPP ROPE vehicle. The pedestrian was bleeding from the head and had rib fractures. She had been taken to a hospital, possibly the JBH. HRPS would conduct the investigation. There was uncertainty as to whether the HRPS or OPP would contact the SIU.

In-car Camera System (ICCS) Footage

On October 20, 2022, the HRPS supplied the SIU ICCS footage in connection with the incident under investigation. The following is a summary of the footage.

The roads were captured as being very wet. There were three or four civilian persons tending to the Complainant, who was on the ground directly in front of the Toyota but not visible to the ICCS camera. The SO stood next to the Toyota and talked on a cellular phone. The EMS responded and tended to the Complainant. A stretcher was wheeled from in front of the Toyota, where the Complainant had been lying in the road, to the ambulance.

ParkLink Camera Footage

On October 26, 2022, ParkLink advised the SIU that they had reviewed the video footage from their cameras for the date and time in question, and had nothing pertaining to a pedestrian being struck by a vehicle.

Materials Obtained from Police Service

The SIU obtained the following records from the OPP, HRPS and TPS between October 16, 2022, and November 8, 2022:

• HRPS 911 call recording;
• HRPS radio communications;
• HRPS ICCS footage;
• HRPS Forensic Identification Report;
• HRPS General Report;
• HRPS Occurrence / Supplementary Reports;
• HRPS Motor Vehicle Collision Report;
• HRPS Vehicle Tow Report;
• OPP Vehicle Inspection Report - Toyota;
• OPP vehicle maintenance records;
• OPP communications recordings;
• OPP communication chronology;
• TPS screenshots of texts between the WO and the SO; and
• TPS notes-the WO.

Materials Obtained from Other Sources

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

• Scene diagram;
• Ambulance Call Report and Incident Report;
• Fire Incident Report, Burlington;
• Photo of scene from the Complainant’s son; and
• The Complainant’s medical records from HGH and JBH.

320.13 (1) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public.

(2) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public and, as a result, causes bodily harm to another person.

Date: February 10, 2023


Electronically approved by

Joseph Martino
Director
Special Investigations Unit