Item - 2019.DG7.3

The Dangerous Dog Review Tribunal:

1.  Rescinded the determination of a dangerous dog, exempted the applicant from compliance with the Dangerous Dog Order issued December 14, 2018, and directed that the Tribunal forward the reasons for this decision to Scott Currie and the Executive Director, Municipal Licensing and Standards on or before October 30, 2019.

On October 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 Review of the June 18, 2019 decision. The Panel considered documentation and oral arguments from the Applicant's counsel  Suzana Gartner of Gartner and Associates Animal Law,  the applicant's father Ian Currie, the Executive Director, Municipal Licensing and Standards, the Animal Care and Control Officer Jim Konstantinidis, and the victim Alireza Booraki.

The panel considered and concluded that the act was in self defense. The panel accepted the evidence that the offending dog reacted to the victim falling down and dropping a parcel in close proximity to the dog and Ian Currie, startling the dog and Ian, who was in the process of taking out the Applicant's dog from his vehicle near his property. The panel found that the Animal Care and Control Officer's conclusion, that the act was not self defense, may have been colored by only interviewing the victim and not the other party involved, Ian Currie. The panel was also not satisfied by way of evidence that the victim's version of events occurred, due to the lack of corroborated medical evidence and compelling evidence.

Based on the evidence and for the reasons above, the Panel unanimously rescinds the determination of a Dangerous Dog reversing the June 18, 2019 hearing decision.

In accordance with Section 21 of the Rules of Procedure, the Chair of the Dangerous Dog Review Tribunal has granted a request for review and has ordered a review hearing to rehear appeal DDRT2019-05 in whole.