An officer with Sault Ste. Marie Police Service who faced charges of dangerous driving and criminal negligence causing bodily harm after a man was seriously injured in a September 2021 incident is now being sued by the victim for more than half a million dollars in damages.
Court documents obtained by SooToday reveal a flurry of allegations levelled against Sault Ste. Marie Police Service Const. Bradley Nickle and fellow constable Christopher Dorans.
According to a 20-page statement of claim filed in Ontario Superior Court last month, Dylan Doyon and his mother, Renee Nirkkola, allege the two officers handcuffed and brutally beat Doyon — after striking him with a marked police cruiser while he was riding his electric scooter.
The allegations against the officers have yet to be tested in court. Legal representation for Nickle, Dorans and the Sault Ste. Marie Police Services Board have since filed a notice of intent to defend against the civil suit, which is claiming $550,000 in damages, plus interest and legal costs.
Neither the plaintiffs nor the police board are commenting publicly on the matter. A message left for Doyon and Nirkkola's lawyers Friday has not been returned.
Lawyer Orlando Rosa of Wishart Law Firm, who has been retained by the police board and the officers to defend the legal action, is not commenting publicly. However, he indicated to SooToday via email that a statement of defence will be filed in court.
“This matter is currently before the courts,” said Sault Ste. Marie Police Services Board Chair John Bruno, in an email to SooToday. "To ensure an equitable process, it is not appropriate for the board to comment.”
The lawsuit claims the defendant officers are liable for “assault, battery and use of excessive force” without “justification, excuse or lawful authority” as a result of the alleged attack, which occurred in the early morning hours of Sept. 24, 2021.
According to the statement of claim, Doyon was riding his electric scooter to a friend’s place at approximately 3 a.m. when he noticed he was being followed by a marked police cruiser.
“The defendant officers did not activate the lights on their cruiser, nor did they signal or communicate to Mr. Doyon that he needed to pull over,” the lawsuit alleges.
Doyon then attempted to pull into a driveway “as it had become clear that the defendant officers were following him.”
“Once Mr. Doyon pulled into the driveway, Constable Nickle suddenly and without warning, accelerated into the driveway and struck Mr. Doyon’s electric scooter with the police cruiser,” reads the statement of claim. “The impact of the police cruiser launched Mr. Doyon and his scooter into a wall of cinder blocks that composed the foundation of a small shed next to the driveway. Mr. Doyon’s leg was crushed between the cinderblocks and the scooter.”
Unable to stand, Doyon claims he indicated to officers that he was in need of help due to his leg being seriously injured.
“One of the defendant officers then approached Mr. Doyon and for no apparent or stated reason, picked him up and threw him back on to the ground,” the statement of claim alleges. “Despite the lack of reasonable grounds to suggest Mr. Doyon’s involvement in criminal activity, the defendant officers proceeded to place Mr. Doyon in handcuffs. After Mr. Doyon was handcuffed, one of the defendant officers began striking him with his fists and knee.”
It is alleged that one of the officers then asked Mr. Doyon which leg was injured.
“Mr. Doyon advised him that it was his left leg and that officer proceeded to stomp on his left leg, causing further injuries to Mr. Doyon,” the lawsuit alleges. “The defendant officers began searching through Mr. Doyon’s pockets, as well as searching his scooter. The defendant officers cut through Mr. Doyon’s overalls in order to search the pockets in the pants he was wearing underneath.
“Throughout this incident, Mr. Doyon repeatedly asked the defendant officers to stop and advised them that he was seriously injured from the impact of the cruiser,” the suit continues. “The defendant officers told Mr. Doyon to stop whining and denied that Const. Nickle had hit him with the cruiser, stating that he had simply fallen off his scooter.”
A search of Doyon and his scooter revealed a small amount of fentanyl for personal use, which was confiscated by the officers, who then allegedly informed Doyon that he was free to go.
“Mr. Doyon was not charged with any offence, despite being forcefully grounded, handcuffed and searched,” the lawsuit says.
The statement of claim further alleges that Nickle and Dorans returned to their cruiser and watched Doyon lie on the ground for about half an hour, despite his cries for help, before lifting him to his feet and helping him pick up his scooter.
Doyon’s mother would later take him to Sault Area Hospital, where it was revealed he had suffered fractures in his left leg, in addition to soft tissue injuries to both his leg and ankle.
In October 2022, the Special Investigations Unit — an independent provincial watchdog that conducts criminal investigations into circumstances involving police and civilians resulting in serious injury, death or allegations of sexual assault — caused charges of dangerous driving causing bodily harm and criminal negligence causing bodily harm to be laid against Nickle.
According to the statement of claim, the court heard that Nickle was travelling at speeds up to 80 kilometres per hour, driving the wrong way down a one-way street, ignoring a pair of stop signs and driving on a sidewalk on Alexandra Street at different points during the incident.
The constable was ultimately fined $1,000 for the Highway Traffic Act infraction after pleading guilty to a lesser charge of careless driving in court earlier this year.
Lawyers for Doyon and Nirkkola have argued that both the police board and the pair of Sault Ste. Marie Police Service constables should be held liable for:
- assault and battery
- excessive force
- false arrest and false imprisonment
- negligence and negligent investigation; and
- Charter of Rights and Freedoms violations pertaining to “unreasonable search and seizure, and the right not to be arbitrarily detained.”
The lawsuit goes on to assert that the physical and psychological injuries sustained by Doyon last to this day.
“Mr. Doyon will have to deal with the physical and psychological damage caused by the incident with the defendants for the foreseeable future and will need physiotherapy and psychological treatment going forward,” the lawsuit says.
His mother, meanwhile, is claiming $50,000 in damages related to caring for Doyon for several months after the incident pursuant to Section 61 of the Family Law Act.
“Though Ms. Nirkkola was grateful to be able to assist her son in his time of need, she experienced emotional distress watching her son suffer from his injuries and suffered from the lack of assistance and company that Mr. Doyon would have provided to her, but for the actions and/or omissions of the defendants,” reads the statement of claim.