Item - 2019.DG2.4

Tracking Status

DG2.4 - Heather Lam - Appeal DDRT2019-08

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 the reasons for this decision to Heather Lam 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.

 

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 attack took place in an enclosed baseball field and  most dogs in that area at the time were off leash including Vivian and the victim dog. Vivian had to come across the field to seek out the victim dog who had just been taken off leash by his owner and who was standing beside his owner. No other dogs approached the victim dog.

 

The panel concluded the act was unprovoked and not in self-defense. Considering the injuries to the victim dog, the act was considered severe.

 

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

Origin

(January 10, 2019) Letter from Heather Lam

Summary

Appeal of Dangerous Dog Order issued December 10, 2018, Appeal DDRT2019-08

Background Information

(January 10, 2019) Appeal of Dangerous Dog Order by Heather Lam
https://www.toronto.ca/legdocs/mmis/2019/dg/bgrd/backgroundfile-133652.pdf
(December 10, 2018) Dangerous Dog Order
https://www.toronto.ca/legdocs/mmis/2019/dg/bgrd/backgroundfile-133653.pdf
(June 18, 2019) Dangerous Dog Review Tribunal Written Decision - DDRT2019-08
https://www.toronto.ca/legdocs/mmis/2019/dg/bgrd/backgroundfile-135232.pdf

Communications

(May 28, 2019) Submission from Municipal Licensing and Standards (DG.Main.DG2.4.1)
(May 28, 2019) Submission from Heather Lam (DG.Main.DG2.4.2)
(June 11, 2019) Submission from Heather Lam (DG.New.DG2.4.3)

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 Heather Lam 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 Confirm Order moved by Alisa Chaplick (Carried)

That the Dangerous Dog Review Tribunal confirm the determination of a dangerous dog and that the Tribunal forward the reasons for this decision to Heather Lam and the Executive Director, Municipal Licensing and Standards on or before June 26, 2019.

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