Sault Ste. Marie family seeks $2M after alleged assault by OPP members

A civil court case involving a Sault Ste. Marie business owner and his family and the Ontario Provincial Police has started.

The case involves Daniel Knox, his daughter Sherry Cole and son Harrison Knox. They allege they were unlawfully arrested and assaulted by members of the OPP.

The case started in court on Monday and is being presided over by Justice Edward Gareau.

According to a statement of claim, the family is seeking $1.5 million in general damages. They are also seeking $250,000 for breaches of the Charter of Rights and Freedoms as well as $250,000 for punitive damages.

The officers named in the claim are Constable Luigi Bruni, Constable Mario Posteraro, Constable Peter Van Den Diepstraten, Constable Keith Nicolle and Sergeant Ken Spahr.

On June 11, 2014, OPP were called after a traffic complaint involving a vehicle owned by Daniel Knox's company, Treemen & A Chainsaw company. 

It happened around 12:30 p.m. on Highway 17 in Aweres Township, north of Sault Ste. Marie.

According to the statement of claim, OPP were called after the company vehicle passed another vehicle, causing an oncoming vehicle to move off the road to avoid a collision. The statement said the company vehicle stopped and the people who phoned the police parked in front of them, blocking them in. The statement said the situation escalated and an assault took place.

Daniel Knox was the first and only person to testify on Monday.

Knox said on that day, he was having lunch when he got a call from his son, Harrison, who said his equipment truck had been blocked in by two vehicles and he didn't know the drivers.

He then got a call from his grandson who said Harrison had been arrested and was in the back of a police vehicle.

Knox testified he got to the scene and saw his son in the back of a police vehicle. He opened the door of the car and said a blast of heat "like from a furnace oven" hit him. At this time, he said there was a police officer nearby yelling for him to get to the ground but he said he didn't know why.

'Terrifying shock'

Court heard the two officers who initially responded were Constable Posteraro and Constable Nicolle.

Part of the incident was videotaped, which was shown in court. 

Daniel Knox testified that Constable Posteraro pointed a stun gun, or Taser at him, before the device was used twice on him.

Knox said he felt much pain from being Tasered and said it felt like a "continuous jolt of electricity going through his body."

"A terrifying shock that just dropped me to the ground," he said.

Knox also testified he was kicked in the leg between 15 and 20 times by Constable Luigi Bruni.

His daughter, Sherry Cole, was seen in the video pushing down Constable Posteraro, who Tasered her father. Cole was arrested and charged with obstructing a peace office. Knox told the court Cole had been grabbed, pushed and treated with excessive force by police.

Charges dropped

Knox testified he was then held in a soundproof room at the OPP building for three to four hours.

In December 2014, the charges were dropped against Knox, his son Harrison, his daughter Sherry Cole and an employee who was also charged during the incident.

Knox said the incident hurt his business. He said several customers cancelled jobs afterwards. Knox said one client told him he read about what happened and decided he didn't want to do business with the company.

Knox added the incident has also impacted his health.

"The day before, I felt good. The day after, I felt terrible," he said.

A cross-examination of Knox will take place Tuesday morning.