Knox et al. v. HMK et al.
Daniel Knox
Law Firm / Organization
Charney Law
Lawyer(s)

Davin Charney

Harrison Knox
Law Firm / Organization
Charney Law
Lawyer(s)

Davin Charney

Sherry Cole
Law Firm / Organization
Charney Law
Lawyer(s)

Davin Charney

His Majesty the King in Right of Ontario (Ministry of Community Safety and Correctional Services),
Constable Luigi Bruni
Constable Mario Posteraro
Constable Peter van den Diepstraten
Constable Keith Nicole
Sergeant Ken Spahr

Overview:
The plaintiffs Daniel Knox, Harrison Knox, and Sherry Cole alleged false arrest, battery, and negligence by police during a 2014 incident in Ontario.

Legal Issues and Arguments:

  • The plaintiffs claimed police unlawfully used force during their arrests, resulting in psychological and physical harm.

  • The defense argued that the arrests and use of force were lawful under Sections 495(1) and 25(1) of the Criminal Code, citing resistance and assaultive behavior by the plaintiffs.

  • Key questions included whether police actions met the threshold for excessive force and if proper de-escalation techniques were used.

Findings and Ruling:

  • Daniel Knox: The court found he pushed an officer, constituting assaultive behavior, and deemed the use of a taser justified. His claims were dismissed.

  • Harrison Knox: His arrest for assaulting a third party was found lawful, and no harm was attributed to handcuffing or vehicle conditions. His claims were dismissed.

  • Sherry Cole: Her push on an officer justified her arrest, and the force used against her was ruled proportionate. Her claims were dismissed.

Costs and Awards:
The court dismissed all claims, awarding no damages to the plaintiffs. Costs were deferred for resolution, with parties instructed to negotiate by December 31, 2024. If unresolved, written submissions on costs were due by January 31, 2025.

Superior Court of Justice - Ontario
27546/17
Tort law
Defendant