Item - 2020.DG9.1

The Dangerous Dog Review Tribunal:

1. Rescinded the determination of a dangerous dog and exempted the applicant from compliance with the Dangerous Dog Order issued July 24, 2019, and directed that the Tribunal forward the reasons for this decision to Annie Rosen and the Executive Director, Municipal Licensing and Standards on or before January 29, 2020.

On January 21, 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 the documentation submitted. In addition, The Tribunal accepted a late submission by the Applicant from two veterinarians at the Lawrence Park Animal Hospital and a report from a trainer as the City, after having been given a chance to review it, did not object.

In addition to the written documentation the Tribunal heard oral arguments from the Applicant, Annie Rosen, her father Lorne Rosen, the Executive Director, Municipal Licensing and Standards and the Animal Care and Control Officer Jim Konstantinidis. The victim, Eric Hovland, was away at school and did not present any oral arguments but did submit a written statement.

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.

However, the Panel concluded the act was provoked and in self-defense. The Panel based this decision on several factors.

Before going downstairs with his friends Eric jumped on top of Brady and started smothering and hugging her. Upon coming back upstairs later the victim was play wrestling with his friend in front of Brady who was in his bed. Brady showed restraint by getting up and walking away.

Max Rosen, Annie’s brother picked up Brady to try and calm her down. He held her in his arms with Brady in a position of being on her back, a vulnerable position for a dog.

Eric came up from behind and to the side of Brady and Max and tapped Max on his shoulder. At this point given what had happened before, Brady felt threatened and defended himself.

Although the bite was severe, the severity was not out of proportion to the threat because Eric’s face was in close proximity to the dog given the way he was being held and restrained and, not from the dog lunging at Eric.
 

Based on the evidence and for the reasons above, the Panel rescinds the determination of a Dangerous Dog.

Appeal of Dangerous Dog Order issued, July 24, 2019, Appeal DDRT2020-01