Director's Report Details

The Special Investigations Unit is a civilian law enforcement agency that investigates incidents involving an official where there has been death, serious injury, the discharge of a firearm at a person or an allegation of sexual assault. Under the Special Investigations Unit Act, 2019 (SIU Act), officials are defined as police officers, special constables of the Niagara Parks Commission and peace officers under the Legislative Assembly Act. The SIU’s jurisdiction covers more than 50 municipal, regional and provincial police services across Ontario.

Under the SIU Act, the Director of the SIU must determine based on the evidence gathered in an investigation whether there are reasonable grounds to believe that a criminal offence was committed. If such grounds exist, the Director has the authority to lay a criminal charge against the official. Alternatively, in cases where no reasonable grounds exist, the Director cannot lay charges. Where no charges are laid, a report of the investigation is prepared and released publicly, except in the case of reports dealing with allegations of sexual assault, in which case the SIU Director may consult with the affected person and exercise a discretion to not publicly release the report having regard to the affected person’s privacy interests.

Special Investigations Unit Act, 2019

Pursuant to section 34, certain information may not be included in this report. This information may include, but is not limited to, the following:

• 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 Personal 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.

Pursuant to section 15 of the SIU Act, the SIU may investigate the conduct of officials, be they police officers, special constables of the Niagara Parks Commission or peace officers under the Legislative Assembly Act, that may have resulted in death, serious injury, sexual assault or the discharge of a firearm at a person.

A person sustains a “serious injury” for purposes of the SIU’s jurisdiction if they: sustain an injury as a result of which they are admitted to hospital; suffer a fracture to the skull, or to a limb, rib or vertebra; suffer burns to a significant proportion of their body; lose any portion of their body; or, as a result of an injury, experience a loss of vision or hearing.

In addition, a “serious injury” means any other injury sustained by a person that is likely to interfere with the person’s health or comfort and is not transient or trifling in nature.

This report relates to the SIU’s investigation into the death of a 55-year-old man (the “Complainant”).

Notification of the SIU[1]

On December 12, 2024, at 2:54 a.m., the Toronto Police Service (TPS) contacted the SIU with the following information.

On December 10, 2024, at 6:15 p.m., Toronto Transit Commission (TTC) staff contacted police about an unwanted person inside the Ossington Subway Station, 746 Ossington Avenue. Officers arrived at 7:55 p.m. and spoke with a male - the Complainant. The officers subsequently left the Complainant at the subway station and cleared the scene. The Complainant reportedly remained at the subway station until 8:25 p.m., when he was observed to steady himself and exit the station southbound on Ossington Avenue. Almost immediately, he stumbled, fell onto the roadway and was pinned underneath a TTC bus. It was believed that the Complainant was transported to a local hospital and eventually pronounced deceased.

The Team

Date and time team dispatched: 2024/12/12 at 7:25 a.m.

Date and time SIU arrived on scene: 2024/12/12 at 10:09 a.m.

Number of SIU Investigators assigned: 2

Number of SIU Forensic Investigators assigned: 1

Affected Person (aka “Complainant”):

55-year-old male; deceased

Civilian Witnesses (CW)

CW Interviewed

The civilian witness was interviewed on December 19, 2024.

Subject Officials (SO)

SO #1 Interviewed; notes received and reviewed

SO #2 Interviewed; notes received and reviewed

The subject officials were interviewed on March 7, 2025.

The Scene

The events in question transpired in and around the front lobby area of the Ossington Subway Station, 746 Ossington Avenue, Toronto.

Forensic Evidence

A DNA swab and fingerprints were collected.

Video/Audio/Photographic Evidence[2]

Body-worn Camera (BWC) Footage – Officer #1

On December 10, 2024, between 9:14:09 p.m. and 9:14:57 p.m., Officer #1 entered the Ossington Subway Station. He approached Officer #2 and said they were going to take a statement from the CW. The CW reported he had called emergency medical services (EMS) earlier in the evening in relation to a man [now known to be the Complainant], and nobody responded. The CW believed the Complainant was intoxicated. He had fallen, and the CW helped him to the front entrance where the Complainant stood against a ticket machine. The Complainant was “completely unstable”, and did not speak other than to mention a specific bus route (which did not service Ossington Station). The Complainant could not move or step well, but the CW did not smell alcohol on the Complainant. The Complainant stood at the front window for at least a half-hour. The CW did not see the Complainant make his way out of the station as he tended to his duties.

Starting at about 9:18:11 p.m., the CW reported that two police officers [now known to be SO #1 and SO #2] had attended the station for an unrelated matter, and that he (the CW) had directed the police officers to the Complainant. The Complainant showed the CW, SO #1 and SO #2 an envelope with an address in the vicinity of the station on it. The police officers reported there was nothing they could do for him, and noted that EMS would arrive. The CW did not see the Complainant being struck by the bus.

At 9:26:25 p.m., Officer #1 received a call from SO #1, who confirmed he had an interaction with the Complainant during an unrelated call, did not have his BWC activated, and believed the Complainant was intoxicated as he smelled a “little bit” of alcohol.

TTC Footage – 1

The TPS provided the SIU TTC video footage of two buses.

On December 10, 2024, the video opened with a view of the interior of a TTC bus [Bus #1].

Starting at about 10:02 minutes into the video, the bus started to move and to make a right turn.

Starting at about 10:25 minutes, the bus stopped suddenly. A person ran along the right side of the bus from the back to the front door. The door was opened, and the bus driver was coaxed outside by the person.

TTC Footage – 2

The footage opened with a downward right facing view of the interior of the front side entrance of Bus #1.

Starting at about 10:14 minutes into the footage, the bus made a right turn out of Ossington Subway Station, southbound onto Ossington Avenue.

Starting at about 10:19 minutes, as the bus straightened out of the turn, an object [now known to be the Complainant] came into view through the front and door windows. The Complainant rested on the road just east of the sidewalk. A pedestrian stood on the road in front of the Complainant and, as the bus approached closer to them, the pedestrian stepped back and used their hand to strike the front side door of the bus.

Starting at about 10:23 minutes, the front side doors passed over where the Complainant rested [now known to be when the Complainant was driven over]. The bus stopped. The pedestrian waved at the front side door.

Starting at about 10:32 minutes, the doors opened, and a pedestrian entered the camera frame from around the front of the bus, looked under the bus, and motioned to the bus driver to move back.

Starting at about 10:48 minutes, the bus driver exited his booth and looked down out the doorway. The bus driver raised his hand to his mouth and backed away. The pedestrian grabbed the bus driver’s hand and head, and pulled him out of the bus.

TTC Footage – 3

The footage was from Bus #2.

On December 10, 2024, the video opened with a front facing view from the outer right rear of the bus.

Starting at about 08:50 minutes into the footage, the bus made a left turn westbound into the south bus bay of Ossington Subway Station from northbound Ossington Avenue. As the bus rounded the turn, a figure [now known to be the Complainant] stood inside the station at the front entrance, to the west of the doorway.

TTC Footage – 4

The footage was from Bus #2.

On December 10, 2024, the video opened with a rear facing view from the very back of the bus. It was dark and raining, and the video was not very clear.

At 08:51 minutes into the footage, the bus stopped in the bus bay of Ossington Subway Station.

Starting at about 09:19 minutes, a man carrying a backpack [now known to be the Complainant] entered the right camera frame. He weaved unbalanced out of the left camera frame.

Starting at about 10:06 minutes, the Complainant entered the left camera frame. The Complainant swayed to his left, stagger-stepped forward, took four paces backward, and fell over onto his back on the roadway next to the sidewalk.

Starting at about 10:13 minutes, a pedestrian entered the upper camera frame as they walked across the street, about two metres to the right of the Complainant. The pedestrian turned to face the street, raised their left arm, and walked towards the Complainant.

Starting at about 10:19 minutes, a bus [now known to be Bus #1] entered the right camera frame as it turned towards the Complainant.

Starting at about 10:24 minutes, the front [now known to be the front right] wheel struck the Complainant and rolled him for at least a tire rotation. The pedestrian jumped back, and the bus stopped.

TTC Footage – 5

On December 10, 2024, the video opened with a view of the main platform entrance of the Ossington Subway Station. The camera captured the platform from the back to face the front entrance.

Starting at about 03:26 minutes into the footage, the Complainant walked into the bottom camera frame. He walked slowly and carefully as he proceeded through the exit gate.

Starting at about 03:37 minutes, the Complainant lost his balance and stepped to his right to steady himself He walked to the left out of the camera frame behind the collector booth.

Starting at about 17:28 minutes, the Complainant entered the left camera frame from behind the collector booth. He walked unsteadily to the right camera frame and looked out the front window.

Starting at about 18:49 minutes, the Complainant exited the front door and stood outside. He used the doorframe to steady himself as he returned inside the doorway. The Complainant balanced himself with the doorframe.

Starting at about 20:29 minutes, the Complainant attempted to walk to the left, lost his balance, and fell to his left onto the ground. The CW looked over at the Complainant. The Complainant raised his right arm to wave at the CW. He approached the Complainant and assisted him to his feet. The Complainant used both hands to hold onto the CW, and was assisted to walk over to the front window.

Starting at about 22:07 minutes, the CW deposited a bottle-shaped object into the trash, walked back to his booth, and left the Complainant at the front window. The CW picked up the phone and made a call.

Starting at about 33:50 minutes, two uniformed TPS police officers [now known to be SO #1 and SO #2] entered the lower camera frame and spoke with the CW. He pointed to his right (left camera frame), and SO #2 and SO #1 tended to something to the left camera frame.

Starting at about 35:14 minutes, the CW approached the Complainant and interacted with him.

Starting at about 35:47 minutes, the CW spoke with SO #1 at the entry gates and pointed at the Complainant. The CW walked back to the Complainant.

Starting at about 36:19 minutes, SO #2 and SO #1 exited the lower camera frame. They re-entered the lower camera frame and approached the Complainant.

Starting at about 40:40 minutes, SO #2 and SO #1 exited the lower camera frame and the CW returned to his booth.

Starting at about 1:06:34 hours, the Complainant slowly made his way out the front door and used the doorframe to steady himself along the way. He walked southbound out of the right camera frame.

Starting at about 1:07:49 hours, the Complainant’s feet entered the upper right camera frame and moved about unsteadily. The Complainant fell onto the ground.

Starting at about 1:07:53 hours, Bus #1 entered the left camera frame.

Starting at about 1:07:55 hours, a person walked towards the Complainant.

Starting at about 1:08.03 hours, the southbound bus stopped suddenly. Due to the view from across the platform to the front entrance and the windows, it was unclear where the bus stopped in relation to the Complainant [now known to be on top of him].

Materials Obtained from Police Service

Upon request, the SIU obtained the following records from the TPS between December 16, 2024, and March 6, 2025:

• Motor Vehicle Collision Report
• Occurrence Report
• TTC video footage - Ossington Subway Station and buses
• BWC footage - Officer #1
• Notes - SO #1 & SO #2

Materials Obtained from Other Sources

The SIU obtained the following records from other sources on December 12, 2024:

• Toronto Paramedic Service Ambulance Call Report and Incident Summary
• Preliminary Autopsy Findings Report from the Ontario Forensic Pathology Service

The evidence collected by the SIU, including interviews with SO #1 and SO #2, and a civilian eyewitness, and video footage that captured the incident in part, gives rise to the following scenario.

In the evening of December 10, 2024, the Complainant entered the Ossington Subway Station and immediately caught the attention of the CW. The CW had heard a thump and turned to notice the Complainant on the ground, a short distance from the entrance doors to the station. The CW walked over to the Complainant, helped him up, and placed him by a nearby wall so he could support himself in a standing position. He then contacted the transit system control centre to request that paramedics be contacted to deal with the Complainant before returning to his duties.

About ten minutes later, the CW observed two police officers (SO #1 and SO #2) (at the station on other business), caught their attention, and directed them to the Complainant. The officers attempted to communicate with the Complainant. The Complainant was unresponsive, at points uttering, “My brother.” He held up an envelope with an address in the vicinity of the station. The officers detected an odour of alcohol but were not concerned about the Complainant’s ability to care for himself. After some three to five minutes, the officers, aware from the CW that paramedics were on their way, left the station. The Complainant remained where he was, and the CW returned to his work.

Approximately 25 minutes later, the Complainant left the subway station. He was very unsteady on his feet. A short distance from the station’s doors, the Complainant lost his balance, fell onto the southbound curb lane of Ossington Avenue into the path of a public transit, and was pinned under its front passenger-side wheel.

First responders arrived to find the Complainant vital signs absent. He was transported to hospital and pronounced deceased.

Cause of Death

The pathologist at autopsy was of the preliminary view that the Complainant’s death was attributable to crush injuries.

Sections 219 and 220, Criminal Code - Criminal Negligence Causing Death

219 (1) Every one is criminally negligent who

(a) in doing anything, or

(b) in omitting to do anything that it is his duty to do,

shows wanton or reckless disregard for the lives or safety of other persons.

(2) For the purposes of this section, duty means a duty imposed by law.

220 Every person who by criminal negligence causes death to another person is guilty of an indictable offence and liable

(a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

(b) in any other case, to imprisonment for life.

The Complainant was run over by a public transit bus on December 10, 2024, suffering injuries that resulted in his death. The SIU was notified of the incident and initiated an investigation, naming SO #1 and SO #2 subject officials. The investigation is now concluded. On my assessment of the evidence, there are no reasonable grounds to believe that either subject official committed a criminal offence in connection with the Complainant’s death.

The offence that arises for consideration is criminal negligence causing death contrary to section 220 of the Criminal Code. The offence is reserved for serious cases of neglect that demonstrate a wanton or reckless disregard for the lives or safety of other persons. It is predicated, in part, on conduct that amounts to a marked and substantial departure from the level of care that a reasonable person would have exercised in the circumstances. In the instant case, the question is whether there was a want of care on the part of either subject official, sufficiently egregious to attract criminal sanction, that caused or contributed to the Complainant’s death. In my view, there was not.

The liability analysis in this case boils down to whether SO #1 and SO #2 ought to have taken action to safeguard the Complainant’s wellbeing pending the arrival of paramedics. Had they done so, presumably, the Complainant would not have fallen victim to his apparent impairment in the fashion he did, namely, by falling in front of a moving bus. In retrospect, it would appear that that the Complainant was not capable of looking after himself. He had fallen entering the station and was largely uncommunicative. That said, it is not clear that the urgency of the situation was apparent to the officers. While the Complainant was intoxicated to some extent, he was otherwise standing and had been able to express to them that he lived nearby. Moreover, they were aware that an ambulance had been called and left believing that the CW would keep an eye on the Complainant until the paramedics’ arrival. On this record, I am unable to reasonable conclude that either of the subject officials transgressed the limits of care prescribed by the criminal law.

For the foregoing reasons, there is no basis for proceeding with criminal charges in this case. The file is closed.

Date: April 8, 2025

Electronically approved by

Joseph Martino

Director

Special Investigations Unit