Item - 2020.DG12.2

The Dangerous Dog Review Tribunal:

1. Confirmed the determination of a dangerous dog, that the conditions of the order remain in effect, and directed that the Tribunal forward the reasons for this decision to Chunsheng Fang and the Executive Director, Municipal Licensing and Standards on or before October 7, 2020.

On September 29, 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 appeal. The Panel considered oral arguments from the Executive Director, Municipal Licensing and Standards, the Animal Care and Control Officer Julia Guerrieri, and the victim Alcia McBean. In addition, the Tribunal considered written documentation from the dog’s owner Chunsheng Fang who did not appear, as well as from those who presented oral evidence. The Tribunal Staff made significant efforts to offer Mr. Fang the opportunity to appear. In addition to the usual pre hearing emails, he was left a voicemail message the day before the hearing and when called on the actual day of the hearing actual voice contact was made.

The panel determined that a dangerous act occurred and was committed by Zha Zha, the dog in question. Further it determined the Order was issued in accordance with the by-law. The panel concluded the act was unprovoked and not in self-defense and was the second offence on record.

The Tribunal accepts the following evidence.

Zha Zha had been in the owners’ back yard and the gate had accidentally been left open.

 
When the dog heard a noise out front, she bolted out of the back yard and ran to the front of the house.

 
The victim had come onto the premises and was preparing to deliver the mail.

 
When the victim saw the dog coming toward her, she stood still and made no provocative or sudden movements.

 
Although there were no puncture wounds the dog attacked the victim by grabbing her right arm and by repeatedly by jumping on her and biting at her feet. She tried to kick it away losing her shoe in the process and screamed for help but the attack only ended when the owner, Mr. Fang finally subdued his dog.  No medical attention was required by the victim. As this was the second offence on record the severity was not an issue in the issuance of the Dangerous Dog order.
 

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

Appeal of Dangerous Dog Order issued, November 10, 2019, Appeal DDRT2020-05