Item - 2019.DG6.4

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 Klaudia Jakuszyk 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 Klaudia Jakuszyk, the Animal Care and Control Officer Jim Konstantinidis and the City. The victim Mackenzie Orleans  and a witness Arianna Charles who are both minors were not present. The victim's mother Marion Orleans and Silanda Graham Charles, the mother of Arianna on whose front lawn the incident took place also were 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 Panel was troubled by the fact the Animal Care and Control Officer's investigation was less than thorough by not interviewing or collecting statements from all material witnesses. The panel felt the possibility of self defense had not been adequately considered by the Animal Care and Control Officer. However, the Applicant did not mention the possibility of self-defense on the part of her dog. The Panel acknowledged that the injuries were severe and traumatic for the young victim.

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 9, 2019, Appeal DDRT2019-16