Item - 2020.DG10.1

Tracking Status

DG10.1 - Review Hearing - Sarah Soobram - Appeal DDRT2019-13

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 conditions of the order remain in effect, and that the Tribunal forward the reasons for this decision to Sarah Soobram and the Executive Director, Municipal Licensing and Standards on or before February 26, 2020.

Decision Advice and Other Information

On February 11, 2020, 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 September 17, 2019 decision. The Panel considered documentation and oral arguments from the City, the Applicant's Representative, Josh Nisker of Beyond Law LLP, and sworn testimony from the Applicant,

Ms. Sarah Soobram, Bruno’s Trainer Mr. Ronald (Terry) Green, and the victim, Ms. Anna Maria Ramos, who appeared as an interested person. The Tribunal also accepted late submissions of photographs, letters and videos from the Applicant’s representative.

 

There was conflicting version of events in the evidence presented by Ms. Soobram and Ms. Ramos. Ms. Soobram indicated that Bruno acted in self-defence, in response to provocations by Ms. Ramos. Ms. Ramos indicated that there was no provocation on her part, and that Bruno lunged at her in an unprovoked attack. There was agreement that the injuries caused by Bruno were severe. Mr. Green’s testimony related to his experience with Bruno after the incident, as he was not a witness to the incident and had not been involved with Bruno prior to the attack.

 

Even if one accepts the self-defence argument, the Tribunal finds that the dog’s response to any provocation that might have occurred was completely out of proportion to any threat the dog may have perceived.

 

Based on the evidence and for the reasons above, the Panel unanimously confirms the determination of a Dangerous Dog reversing the September 17, 2019 hearing decision.

Summary

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 DDRT2019-13 in whole.

Background Information

(October 22, 2019) Letter from the Chair, Dangerous Dog Review Tribunal
https://www.toronto.ca/legdocs/mmis/2020/dg/bgrd/backgroundfile-145344.pdf
(October 10, 2019) Letter from Municipal Licensing and Standards
https://www.toronto.ca/legdocs/mmis/2020/dg/bgrd/backgroundfile-145345.pdf
(September 19, 2019) Dangerous Dog Review Tribunal Written Decision - DDRT2019-13
https://www.toronto.ca/legdocs/mmis/2020/dg/bgrd/backgroundfile-145346.pdf
(February 25, 2019) Appeal of Dangerous Dog Order by Sarah Soobram
https://www.toronto.ca/legdocs/mmis/2020/dg/bgrd/backgroundfile-145347.pdf
(February 9, 2019) Dangerous Dog Order
https://www.toronto.ca/legdocs/mmis/2020/dg/bgrd/backgroundfile-145348.pdf
(February 13, 2020) Dangerous Dog Review Tribunal Written Decision DDRT2019-13 Review Hearing
https://www.toronto.ca/legdocs/mmis/2020/dg/bgrd/backgroundfile-146205.pdf

Communications

(August 29, 2019) Submission from Municipal Licensing and Standards (DG.Main.DG10.1.1 - Part 1)
(August 29, 2019) Submission from Municipal Licensing and Standards (DG.Main.DG10.1.1 - Part 2)
(February 11, 2020) Submission from Josh Nisker, Beyond Law LLP, on behalf of Sarah Soobram (DG.New.10.1.2)

Motions

1 - 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 submission from Sarah Soobram, subject to the Executive Director, Municipal Licensing and Standards's review and consent.


2 - Motion to Meet in Closed Session moved by Rick Ross (Carried)

11:29 a.m. -That the Tribunal recess its public meeting to meet in closed session to receive advice that is subject to solicitor client privilege.


3 - Motion to Meet in Closed Session moved by Randy Yuen (Carried)

12:17 p.m. - That the Dangerous Dog Review Tribunal recess its public session and meet in closed session to deliberate in private.


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

That the Dangerous Dog Review Tribunal confirm the determination of a dangerous dog, and direct that the conditions of the order remain in effect, and that the Tribunal forward the reasons for this decision to Sarah Soobram and the Executive Director, Municipal Licensing and Standards on or before February 26, 2020.

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