Item - 2019.DG2.3

Tracking Status

DG2.3 - Dr. Nadia Sachewsky - Appeal DDRT2019-07

Decision Type:
ACTION
Status:
Confirmed
Wards:
All

Panel Decision

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. Nadia Sachewsky and the Executive Director, Municipal Licensing and Standards on or before June 26, 2019.

Decision Advice and Other Information

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, and the Executive Director, Municipal Licensing and Standards. A video of the incident from a security camera where the incident occurred was also reviewed.

 

Panel member Dr. Hayley Glaholt  believed "that Ila was most likely reacting to  the Jack Russell's movements but that the severity of Ila's response was disproportionate to the perceived threat from the small dog, while panel member Alisa Chaplick believed "the dog’s attack on the victim dog was out of proportion to any threat from the victim dog and that the dangerous act was severe". The  chair felt it was "proportionate self-defense given there was some provocation from the victim dog and once separated Ila showed no interest in continuing the attack".

 

Thus the panel determined, by a two to one vote that a dangerous act occurred and was committed by the dog in question and was not justified as self-defense. Further it determined the Order was issued in accordance with the by-law.

  

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

Origin

(January 10, 2019) Letter from Nadia Sachewsky

Summary

Appeal of Dangerous Dog Order issued December 14, 2018, Appeal DDRT2019-07

Background Information

(January 10, 2019) Appeal of Dangerous Dog Order by Dr. Nadia Sachewsky
https://www.toronto.ca/legdocs/mmis/2019/dg/bgrd/backgroundfile-133650.pdf
(December 14, 2018) Dangerous Dog Order
https://www.toronto.ca/legdocs/mmis/2019/dg/bgrd/backgroundfile-133651.pdf
(June 18, 2019) Dangerous Dog Review Tribunal Written Decision - DDRT2019-07
https://www.toronto.ca/legdocs/mmis/2019/dg/bgrd/backgroundfile-135231.pdf

Communications

(May 28, 2018) Submission from Municipal Licensing and Standards (DG.Main.DG2.3.1)
(June 11, 2019) Submission from Nadia Sachewsky (DG.New.DG2.3.2)

Motions

1 - Motion to Waive the Rules moved by Alisa Chaplick (Carried)

That the Dangerous Dog Review Tribunal waive the rules to allow for consideration of the late submission received from Dr. Nadia Sachewsky by panel members. 


2 - Motion to Meet in Closed Session moved by Alisa Chaplick (Carried)

That the Dangerous Dog Review Tribunal recess its meeting in order to meet in closed session to deliberate the matter.


3 - Motion to Reconvene in Public Session moved by Alisa Chaplick (Carried)

4 - Motion to Reserve Decision moved by Alisa Chaplick (Carried)

That the Dangerous Dog Review Tribunal reserve its decision at this time and direct that the Tribunal forward its decision and reasons to Nadia Sachewsky and the Executive Director, Municipal Licensing and Standards on or before June 26, 2019.

Source: Toronto City Clerk at www.toronto.ca/council