Family, estate of Fergus man killed by police files $3.4 million lawsuit

Warning: This article contains details that some may find disturbing, triggering and/or upsetting.

FERGUS – A lawsuit by the estate and family of a Fergus man killed by police alleges his death was not justified and was a result of assault, battery, forcible confinement and negligence by OPP officers. 

The estate of Mathias Bunyan is seeking $2.5 million in general, punitive, aggravated and exemplary damages in a civil lawsuit filed in Guelph last summer against four named OPP officers, two unnamed OPP officers, OPP commissioner Thomas Carrique and the province.

Bunyan’s mother and three sisters seek an additional $900,000 in the suit as well. 

None of the allegations in the lawsuit have been tested in court. The defendants have not submitted a statement of defence but have indicated they intend to defend against the action. 

Bunyan was 31 years old when he was shot and killed in August 2021 at his Fergus apartment by police. Police were responding to a domestic disturbance as Bunyan was experiencing a mental health crisis alone at his apartment. 

The Special Investigations Unit (SIU), an agency that investigates deaths and injury involving police action, cleared officers and did not file any charges against them. The SIU director’s report stated the actions against Bunyan were justified as he was carrying two knives. 

The lawsuit disputes this account of the event and alleges Bunyan was a victim of assault, battery, false arrest, false imprisonment, negligence and negligent supervision. 

In the statement of claim’s retelling of events, it says police were called to Bunyan’s second floor apartment the morning of Aug. 15, 2021 after neighbours reported hearing yelling.

Police forcibly entered the apartment around 12:16 p.m. It says a body camera worn by one officer captured some of the unfolding events but at times the audio is turned off and the visuals obscured. 

In the apartment, the claim states, it is quiet and Bunyan is found alone. A police officer talks to him at his bedroom door with his weapon drawn.

“Mathias does not make any threats, he does not raise his voice, nor does he advance on the police defendants,” the claim says. “However, all police defendants immediately retreat to the kitchen/living quarters of the apartment.”

Police do not attempt to talk to him for 20 minutes, the suit alleges, and an officer reports over a radio that Bunyan was observed holding “two big knives across his chest,” in his bedroom and quiet, no indications of self-harm were observed, that it was a mental health-related call and police were called to his apartment for a similar reason the previous year. 

The statement of claim says police were on scene for an hour before contacting the emergency response team to request a negotiator and at 12:40 p.m. were informed the team was 30 minutes to one hour away from arrival. 

Minutes later, police force their way into Bunyan’s bedroom where he was in a closet and obstruct his path with a cart placed in front of the closet door. 

It noted some exchanges including police demanding he leave the closet, Bunyan telling them he didn’t believe they were real police officers, Bunyan relaying suicidal thoughts and belief police would kill him and an officer telling him they were looking to help and not hurt him. 

At approximately 1:14 p.m., police are informed an emergency response team is on its way but they “suddenly decide to use successive rounds of pepper spray in an attempt to cause Mathias to exit the bedroom closet” without giving him notice they’d be using pepper spray.

After several rounds of pepper spray, Bunyan exits the bedroom closet but loses control of his body as he made contact with the cart police had placed in front of the closet and falls towards his bed. 

“As soon as Mathias exits the bedroom closet, the police defendants unleash escalating use of force over mere seconds,” the statement claims. “(OPP officers) deploy tasers multiple times, causing Mathias to lose further control of his body. The (subject officer) deploys multiple gunshots, hitting Mathias in his torso.”

From there it says police shouted at Bunyan to drop the knife but he screamed back that he couldn’t and police continue to taser him while he is bleeding from gunshot wounds. 

Emergency services enter the apartment and attempt to resuscitate Bunyan but he is pronounced dead at 1:49 p.m.

The lawsuit alleges Bunyan did not behave violently towards others, retracted statements of self harm and police did not have reasonable concern for their safety. 

It says police had trapped and cornered Bunyan in his bedroom closet, delayed calling in an emergency response team and his exit from the bedroom closet should have been expected by the use of pepper spray. 

The suit alleges Carrique is liable as it is his duty as commissioner to ensure police are properly trained, know the limits of their training and has not implemented recommendations from other coroner’s inquests aimed at avoiding death in similar circumstances. 

No court dates have been set in this case. 

Bunyan’s death is also the subject of a recently announced coroner’s inquest in which a jury may make recommendations on how to avoid further deaths like this.