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 serious injury of a 39-year-old man (the “Complainant”).

Notification of the SIU[1]

On September 23, 2025, at 12:34 p.m., the Toronto Police Service (TPS) contacted the SIU with the following information.

On September 22, 2025, at 9:20 p.m., officers responded to the area of 408 Dixon Road, Etobicoke, for a reported verbal altercation between a female and a male. The male was the Complainant. Two officers arrived in a cruiser and observed the Complainant assaulting a female. A short foot pursuit unfolded and concluded when the Complainant fell to the ground. The Complainant was arrested without incident. He immediately complained of pain and believed his leg was broken because of the fall. Emergency Medical Services (EMS) were requested at 9:35 p.m. When there was no attendance by EMS by 10:11 p.m., officers proceeded to transport the Complainant to 23 Division. The Complainant was booked into custody making no indication of injury at that time. At 6:30 a.m., September 23, 2025, the booking sergeant spoke with the Complainant, who indicated he was suffering from pain to his foot and wrist. At 7:34 a.m., the Complainant was transported to William Osler Health System, Etobicoke General Hospital (EGH). He was diagnosed at 11:35 a.m. with a fractured right little toe.

The Team

Date and time team dispatched: 2025/09/23 at 1:31 p.m.

Date and time SIU arrived on scene: 2025/09/23 at 2:58 p.m.

Number of SIU Investigators assigned: 4

Number of SIU Forensic Investigators assigned: 0

Affected Person (aka “Complainant ”):

39-year-old male; interviewed; medical records obtained and reviewed

The Complainant was interviewed on September 23, 2025.

Civilian Witness (CW)

CW Interviewed

The civilian witness was interviewed on September 27, 2025

Subject Official (SO)

SO Interviewed; notes received and reviewed

The subject official was interviewed on October 9, 2025.

Witness Officials (WO)

WO #1 Interviewed; notes received and reviewed

WO #2 Interviewed; notes received and reviewed

WO #3 Interviewed; notes received and reviewed

WO #4 Interviewed; notes received and reviewed

WO #5 Not interviewed; notes reviewed and interview deemed unnecessary

The witness officials were interviewed on October 1, 2025.

Service Employee Witnesses (SEW)

SEW #1 Not interviewed; notes reviewed and interview deemed unnecessary

SEW #2 Not interviewed; notes reviewed and interview deemed unnecessary

The Scene

The events in question transpired on the parking lot of a plaza located on the southeast corner of the Kipling Avenue and Dixon Road intersection, Toronto.

Video/Audio/Photographic Evidence[2]

TPS Communications Recordings

On September 22, 2025, starting at about 9:18 p.m., a woman called police to report a male and female arguing at a Pioneer gas station. The female [the CW] yelled words to the effect of, “Don’t touch me, get away from me.” The male [the Complainant] tried to block the CW from leaving.

Starting at about 9:29 p.m., WO #1 said they would respond as they were nearby.

Starting at about 9:32 p.m., the SO broadcast he was in foot pursuit. The SO subsequently advised that one person was in custody.

Starting at about 9:34 p.m., the SO said he was with the CW, and he requested an ambulance to attend for her. A man was in custody.

Starting at about 9:47 p.m., the SO indicated the Complainant was complaining of pain in both wrists and his left leg. The SO requested an ambulance.

Starting at about 9:48 p.m., the dispatcher called EMS and asked that an ambulance attend the scene for the Complainant.

Starting at about 10:01 p.m., the dispatcher called the EMS inquiring about the ambulance for the CW. The EMS said one was not yet en route. The dispatcher said one ambulance was still needed at the scene for the Complainant.

Starting at about 10:09 p.m., the SO asked for an ETA for the Complainant’s ambulance. The dispatcher told the SO the EMS did not have one available for the Complainant.

Starting at about 10:12 p.m., the SO said they were transporting the Complainant to 23 Division and the ambulance could meet them there.

Starting at about 10:39 p.m., the SO told the dispatcher to cancel the ambulance for the Complainant.

Body-worn Camera (BWC) Footage – The SO

On September 22, 2025, starting at about 9:31:36 p.m., a police cruiser came to a stop. The SO exited the driver side door. WO #1 approached the Complainant.

Starting at about 9:32:02 p.m., the Complainant ran east on the grass on the north side of Dixon Road before turning to run south across the westbound lane of Dixon Road. The Complainant ran through traffic on Dixon Road and then south into the plaza located at 1735 Kipling Avenue.

Starting at about 9:32:18 p.m., the Complainant fell to the ground in a parking lot near a fence. The SO physically engaged the Complainant and told him to lie on his stomach. WO #1 arrived and told the Complainant to stay down. The SO was assisted by WO #1 in handcuffing the Complainant behind the back. The SO told the dispatcher they had one person in custody at 1735 Kipling Avenue.

Starting at about 9:34:04 p.m., WO #1 told the Complainant that the SO was going to search him. the Complainant’s legs were visible. The SO searched the Complainant. The Complainant repeated he could not breathe.

Starting at about 9:35:01 p.m., the Complainant was brought to a sitting position by the SO. The officer continued to search the Complainant. The Complainant was walked to the driver side of the police cruiser. The Complainant said, “I didn’t do nothing with her, fuck, she asked me to come over to her house, fuck.” The SO told the Complainant to stop talking and advised the BWCs were on. The SO opened the passenger door on the driver side of the cruiser and told the Complainant to get in. The Complainant would not put his feet inside the police cruiser. The SO struggled to get the Complainant into the police cruiser.

Starting at about 9:37:56 p.m., the Complainant said, “You broke my leg bro, you just broke my leg, you just fucking broke my leg.” The SO told the Complainant to put his foot inside the police cruiser. The Complainant began screaming. WO #1 went to the passenger side of the police cruiser and pulled the Complainant inside. The Complainant screamed. The police cruiser door was closed. The SO tried to speak to the Complainant, who would not listen. The Complainant yelled he wanted to go to the hospital.

BWC Footage – WO #1

On September 22, 2025, at 9:32 p.m., WO #1 approached the Complainant and yelled, “Stop.” The Complainant ran southeast onto Dixon Road. The CW was present and crying. WO #1 ran after the Complainant. The officer caught up to the Complainant as he was on the ground being held by the SO. WO #1 assisted the SO.

In-car Camera (ICC) Footage – The SO’s Cruiser

On September 22, 2025, starting at about 9:37 p.m., the Complainant was placed inside the police cruiser. There was a struggle between the Complainant and the SO. The SO pushed the Complainant’s upper body down onto the seat. The Complainant asked why the police officers were doing this to him. WO #1 was near the Complainant’s feet outside the police cruiser. The SO was on the Complainant’s upper body inside the police cruiser. The Complainant said, “You just broke my leg, bro.”

Starting at about 10:11 p.m., the Complainant asked why the light was on him. The Complainant told the police officers he would punch them in the face. The police officers boarded the police cruiser. The Complainant asked to be driven to the police station. The SO replied they were bringing him to the police station. The Complainant said, “I’ll get released tomorrow, hurry up.”

Starting at about 10:12 p.m., the Complainant said, “Drive me to the fucking hospital, my wrist is broken.” The Complainant repeated he wanted to go to the hospital several times.

Starting at about 10:22 p.m., the police cruiser stopped. The Complainant was yelling his fingers were numb. The Complainant kicked the side window of the police cruiser with his left foot eight times.

TPS Custody Footage – Sally Port & Booking

On September 22, 2025, starting at about 10:29, a police cruiser entered a sally port. The SO exited the driver’s door. WO #1 exited the front passenger door and opened the back passenger door. Words to the effect of, “Let’s go,” were uttered. There appeared to be no movement from inside the police cruiser. The SO reached into the back seat and pulled the Complainant out headfirst, assisted by WO #1. The Complainant was dead weight. He dropped to his knees on the ground. The Complainant was stood up and escorted into the booking room. He was unsteady on his feet.

Starting at about 10:31 p.m., the Complainant stood in front of the counter with his head down. The SO explained to the Complainant he was being video-recorded. The Complainant did not respond. WO #4 asked the Complainant if he understood the charges. The Complainant did not respond. WO #4 asked the Complainant if he was injured or ill. The Complainant did not respond. WO #4 asked the SO about an ambulance being called to the scene. The SO said when the Complainant was put into his police cruiser he complained of pain to his left leg and pain to his wrists from the handcuffs.

TPS Custody Footage – Cells

On September 22, 2025, starting at about 10:37:38 p.m., the Complainant was escorted into a cell by the SO and SEW #2. The Complainant knelt on the bunk and the handcuffs were removed by the SO. The Complainant was barefoot. The socks were thrown into the cell. The Complainant sat on the bunk and pulled a sock onto his right foot. There was no indication he was suffering an injury. The Complainant lay on the bunk.

On September 23, 2025, starting at about 6:24:21 a.m., the Complainant was awake and walking to the cell door. The Complainant was possibly communicating with someone.

Starting at about 6:25:50 a.m., the Complainant sat on the bunk and removed his sock from his right foot. The Complainant appeared in pain. The Complainant appeared to be showing someone at the door his right foot.

Between about 6:37 a.m., and 7:30 a.m., WO #5 was in the cell with the Complainant. The Complainant was not wearing his socks. The Complainant spoke to the staff sergeant. WO #5 left the cell. The Complainant was escorted from the cell.

Materials Obtained from Police Service

Upon request, the SIU obtained the following records from the TPS between September 22, 2025, and October 9, 2025:

• General Occurrence Report
• Police communications recordings
• BWC footage
• ICC footage
• Custody footage
• Annual Use of Force recertification records - the SO and WO #1
• TPS policy - Incident Response
• Booking questions
• Involved Officers List
• Notes – the SO, WO #2, WO #1, WO #4, WO #3, SEW #1, SEW #2, and WO #5
• Computer-assisted Dispatch Reports
• Charges – the Complainant

Materials Obtained from Other Sources

The SIU obtained the following records from the following other sources between September 26, 2025, and September 30, 2025:

• The Complainant’s medical records from EGH
• Ambulance Call Report and Incident Summary from Toronto EMS

The evidence collected by the SIU, including interviews with the Complainant and the SO, and video footage that largely captured the incident, gives rise to the following scenario.

In the evening of September 22, 2025, the SO was operating a cruiser on patrol with his partner, WO #1, when they learned of a call to police regarding an argument between a man and a woman at a Pioneer gas station. The officers were in the area and drove to the scene. As they approached, WO #1 observed the parties on the north side of Dixon Road, south of the gas station. The man was trying to rip the woman’s purse away. The officer exited the cruiser and took hold of the man’s arm. He pulled free from the officer and ran eastbound.

The man was the Complainant. With the SO now out of the cruiser chasing him, the Complainant ran east a distance before turning to travel south across Dixon Road. On the other side of the road, the Complainant entered a plaza parking lot, turned left and tumbled to his knees beside a fence that bordered the east side of the lot. The SO grabbed the Complainant from behind and forced him flat on the ground in a prone position. The Complainant struggled and refused to release his arms. WO #1 arrived on scene and assisted the SO in wrestling the Complainant’s arms behind the back and securing them in handcuffs.

The Complainant was lifted to his feet and escorted to the officers’ cruiser where he refused to place his legs inside the vehicle. The officers eventually managed to force him inside the cruiser and transported him to the police station. The Complainant kicked at the rear driver side door on multiple occasions.

The following morning, the Complainant was removed from his cell and taken to hospital. He was diagnosed with a fractured right toe.

Section 25(1), Criminal Code - Protection of Persons Acting Under Authority

25 (1) Every one who is required or authorized by law to do anything in the administration or enforcement of the law

(a) as a private person,

(b) as a peace officer or public officer,

(c) in aid of a peace officer or public officer, or

(d) by virtue of his office,

is, if he acts on reasonable grounds, justified in doing what he is required or authorized to do and in using as much force as is necessary for that purpose.

Section 266, Criminal Code – Assault

266 Every one who commits an assault is guilty of

(a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or

(b) an offence punishable on summary conviction.

The Complainant was seriously injured in the course of his arrest by TPS officers on September 22, 2025. The SIU was notified of the incident and initiated an investigation, naming the SO the subject official. The investigation is now concluded. On my assessment of the evidence, there are no reasonable grounds to believe that the SO committed a criminal offence in connection with the Complainant’s arrest and injury.

Pursuant to section 25(1) of the Criminal Code, police officers are immune from criminal liability for force used in the course of their duties provided such force was reasonably necessary in the execution of an act that they were required or authorized to do by law.

The Complainant was engaged in a roadside quarrel with his partner, which escalated when he tried to forcibly take her purse. Having observed the Complainant place his hands on the woman, WO #1 was entitled to arrest him for assault contrary to section 266 of the Criminal Code. By extension, the SO was within his rights when he chased after the Complainant to take him into custody.

When the Complainant ran away and then refused to release his arms to be handcuffed, the officers were entitled to resort to a measure of force to overcome his resistance. They did so, in my view, with no more force than was reasonably necessary. The grounding by the SO made sense as it would put an end to the Complainant’s flight while better positioning the officer to deal with any further resistance. In fact, the Complainant did continue to struggle. Here, too, the officers countered with reasonable force, using their numerical and positional advantage to wrestle his arms behind the back to be handcuffed. No strikes were delivered by either officer.[3]

It remains unclear when precisely the Complainant broke his toe. It could have been when he fell or during the course of the struggle with the police. Be that as it may, as there are no reasonable grounds to believe that the SO comported himself other than lawfully during his dealings with the Complainant, there is no basis for proceeding with criminal charges in this case. The file is closed.

Date: January 21, 2026

Electronically approved by

Joseph Martino

Director

Special Investigations Unit