Item - 2020.DG13.2

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 Patricia Hamilton and the Executive Director, Municipal Licensing and Standards on or before November 27, 2020.

On November 13, 2020, the Dangerous Dog Review Tribunal issued reasons for its decision as follows:

The Dangerous Dog Review Tribunal was presented with a Dangerous Dog Order appeal. The Tribunal considered oral and written arguments from the Executive Director, Municipal Licensing and Standards, the Animal Care and Control Officer Jim Konstantinidis, the Appellant Patricia Hamilton and Interested Parties, namely the victim Haejung (Helen) Kim, and her son Peter Kim. In addition, the Tribunal considered written documentation from dog trainer Platinum K-9.

The Tribunal determined that a dangerous act occurred and was committed by Emma, the dog in question. Further it determined the Order issued in accordance the City of Toronto Municipal Code Chapter 349, Section 15 was so issued in accordance with the by-law. The Tribunal concluded the act was unprovoked and not in self-defense and was the second dangerous act on record.

The Tribunal accepts the following evidence.

1. Emma had been in the owners’ back yard and the owner admitted the gate had accidentally been left open.
2. When the dog heard a noise out front, she bolted out of the back yard and ran to the front of the house next door where the victim was tending to her garden.
3. The attack was unprovoked although evidence was presented that the dog had been harassed by the previous owner of the victim’s house but that ended in 2015 when that owner moved and Ms. Kim moved in.
4. The wounds were quite severe including a puncture wound to victim’s right leg and the ripping of a huge flap of skin exposing muscle on the victim’s right arm. The wounds required hospital treatment and medical follow-up.
5. The dog’s owner said she is a responsible dog owner and deeply regrets what happened.

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

Appeal of Dangerous Dog Order issued, June 10, 2020, Appeal DDRT2020-07.