On April 22, 2010, Dr. Tyceer Abouhassan was in the parking lot of the Jackson Park Medical Centre in Windsor, Ontario, when he was approached by a plain clothes officer with the Windsor Police Service, Detective David Van Buskirk. Without provocation, Detective Van Buskirk punched Dr. Abouhassan repeatedly in the head and the face until Dr. Abouhassan lost consciousness and fell to the ground. At no time did Dr. Abouhassan strike Detective Van Buskirk. Dr. Abouhassan was transferred to Hôtel Dieu Grace Hospital for treatment of his injuries. As a result of the attack, Dr. Abouhassan suffered a broken nose, bruised ribs and a detached retina. The Windsor Police Service charged Dr. Abouhassan with assaulting a peace officer, but those charges were stayed by the Crown on June 15, 2010. A S.I.U. investigation was launched into the attack of Dr. Abouhassan, and as a result of that investigation, Detective Van Buskirk was criminally charged with assault, to which he pled guilty, and public mischief, a charge which he was found guilty of on June 4, 2012. As a result, Detective Van Buskirk was sentenced to 5 months in jail. In addition, Police Service Act charges were brought against Detective Van Buskirk and other members of the Windsor Police Service for their involvement in the laying of charges against Dr. Abouhassan. Julian Falconer and Asha James of Falconers LLP represented Dr. Abouhassan.
Statement of Claim, September 29, 2011
“Windsor Police Officer Charged” (Assault Causing Bodily Harm). June 9, 2010
“Windsor Police Officer Faces Second Charge.” (Public Mischief) August 12, 2010