Item - 2019.DG5.1

Tracking Status

DG5.1 - Sarah Cunningham - Appeal DDRT2019-09

Decision Type:
ACTION
Status:
Confirmed
Wards:
All

Panel Decision

The Dangerous Dog Review Tribunal:

 

1.  Confirmed the determination of a dangerous dog, that the conditions of the order remain in effect, and that the Tribunal forward the reasons for this decision to Sarah Cunningham and the Executive Director, Municipal Licensing and Standards on or before August 28, 2019.

Decision Advice and Other Information

On August 15, 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 City, the Animal Care and Control Officer, Sarah Bakhtyiara,  the dog owner, Sarah Cunningham and the owner of Babe, the victim dog, Josh Eygenraam who was also bitten by Walter. Mr. Eygenraam also appeared later in the hearing as an interested party presenting evidence that the conditions of the Dangerous Dog Order were not being fulfilled. This evidence had no bearing on the hearing as enforcement of the order is not within the Tribunal's jurisdiction.

 

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 concluded the current act was unprovoked and not in self defense. Walter ran across the width of a school field and rolled the victim dog, biting and injuring it, in which the victim dog sustained a large laceration to the left ear along the pinna. The victim dog's owner, who tried to break up the melee, also sustained injuries.

 

Both the victim dog Babe and his owner, Mr. Eygenraam required medical treatment.

 

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

Origin

(December 21, 2018) Letter from Sarah Cunningham

Summary

Appeal of Dangerous Dog Order issued November 25, 2018, Appeal DDRT2019-09

Background Information

(December 21, 2018) Appeal of Dangerous Dog Order by Sarah Cunningham
https://www.toronto.ca/legdocs/mmis/2019/dg/bgrd/backgroundfile-136451.pdf
(November 25, 2018) Dangerous Dog Order
https://www.toronto.ca/legdocs/mmis/2019/dg/bgrd/backgroundfile-136452.pdf
(August 15, 2019) Dangerous Dog Review Tribunal Written Decision - DDRT2019-09
https://www.toronto.ca/legdocs/mmis/2019/dg/bgrd/backgroundfile-139787.pdf

Communications

(May 28, 2019) Submission from Municipal Licencing and Standards (DG.Main.DG5.1.1)
(May 28, 2019) Submission from Sarah Cunningham (DG.Main.DG5.1.2)
(June 14, 2019) Submission from Josh Eygenraam (DG.New.DG5.1.3)
(August 13, 2019) Submission from Sarah Cunningham (DG.New.DG5.1.4)

Speakers

Josh Eygenraam

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 oral/written statement and video from Mr. Josh Eygenraam by panel members.


2 - Motion to Waive the Rules moved by Randy Yuen (Carried)

That the Dangerous Dog Review Tribunal waive the rules to allow for consideration of the late submissions received from Sarah Cunningham by panel members.


3 - Motion to Recess moved by Randy Yuen (Carried)

10:00 a.m. - That the Dangerous Dog Review Tribunal recess to review late submissions received from Sarah Cunningham.


4 - Motion to Confirm Order moved by Randy Yuen (Carried)

That the Dangerous Dog Review Tribunal confirm the determination of a dangerous dog, that the conditions of the order remain in effect, and that the Tribunal forward the reasons for this decision to Sarah Cunningham and the Executive Director, Municipal Licensing and Standards on or before August 28, 2019.

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