Item - 2019.DG6.3

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 Fara Haron and the Executive Director, Municipal Licensing and Standards on or before October 2, 2019. 

On September 19, 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's counsel Gartner and Associates, the dog's veterinarian Dr. Samantha Marion, the Animal Care and Control Officer Jerry Higgins and the City. The victim A. Bartle was not present.

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 act was the second act on record. The applicant's counsel suggested the dog may have acted in self defense on the narrow sidewalk given the two men approaching including Mr. Bartle were large and could have been perceived by the dog as a threat especially given the dog walker's lack of attention to the situation but no evidence was of self defense was presented.

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

Appeal of Dangerous Dog Order issued June 2, 2019, Appeal DDRT2019-15