Item - 2019.DG2.2

The Dangerous Dog Review Tribunal:

1. Confirmed the determination of a dangerous dog and directed that the Tribunal forward its decision and reasons to Dr. Olga Gan and the Executive Director, Municipal Licensing and Standards on or before June 26, 2019.

On June 18, 2019, the Dangerous Dog Review Tribunal issued reasons for its decision as follows:

The Dangerous Dog Review Tribunal Panel was presented with a Dangerous Dog Order appeal. The Panel considered the documentation and oral arguments from the Applicant, one of the victims, Colin Stark, and the Executive Director, Municipal Licensing and Standards.

The panel determined that a dangerous act occurred and was committed by the dog in question. Further it determined the Order was issued in accordance with the by-law.

The panel was presented with evidence that the dog bit two cyclists. The investigating officer considered the acts to be two separate incidents and issued the Order for the second incident.

The panel concluded the acts were unprovoked and not in self-defense. The dog ran a considerable distance to reach the 2 bike riders. The Tribunal agrees with the investigating officer that although there was no prior record, the attacks on the two separate riders should be treated as separate offences as there was separation between the riders and the dog had to continue running after biting the first rider before being in a position to attack the second rider. The fact that there are two separate biting incidents combined with the other facts of the case including those referenced above justifies the Dangerous Dog Order.

Based on the evidence and for the reasons above, the Panel confirms the determination of a Dangerous Dog.

Appeal of Dangerous Dog Order issued December 1, 2018, Appeal DDRT2019-06