Item - 2020.DG9.2

Tracking Status

DG9.2 - Jan and Mike Wood Daly - Appeal DDRT2020-02

Decision Type:
ACTION
Status:
Confirmed
Wards:
All

Panel Decision

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 Jan and Mike Wood Daly and the Executive Director, Municipal Licensing and Standards on or before January 29, 2020.

Decision Advice and Other Information

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 written documentation submitted and oral arguments from the Applicant, Mike Wood Daly, the Executive Director, Municipal Licensing and Standards, the Animal Care and Control Officer Jim Kostantinidis, and the victim Priscilla Medeiros.

 

The panel determined that a dangerous act occurred and was committed byTucker, 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. The offence was the second act on record.

 

The Tribunal accepts the following evidence:

 

Tucker had been in the owners’ back yard and the gate had accidentally been left open.
When the dog heard a noise out front, he ran the short distance to the front of the house and bit the victim who was on the sidewalk.
When the victim saw the dog coming toward her she stood still and made no provocative or sudden movements.
The bite went through her jeans piercing the skin near her right calf and an area near her right knee. She sought and received medical attention.
 

As this was the second offence on record the severity of the bite was not an issue in the issuance of the Dangerous Dog order.

 

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

 

Origin

(August 20, 2019) Letter from Jan and Mike Wood Daly

Summary

Appeal of Dangerous Dog Order issued August 3, 2019 - Appeal DDRT2020-02

Background Information

(August 20, 2019) Appeal of Dangerous Dog Order by Jan and Mike Wood Daly
https://www.toronto.ca/legdocs/mmis/2020/dg/bgrd/backgroundfile-141497.pdf
(August 3, 2019) Dangerous Dog Order
https://www.toronto.ca/legdocs/mmis/2020/dg/bgrd/backgroundfile-141498.pdf
(January 21, 2020) Dangerous Dog Review Tribunal Written Decision DDRT2020-02
https://www.toronto.ca/legdocs/mmis/2020/dg/bgrd/backgroundfile-145167.pdf

Communications

(December 12, 2019) Submission from Municipal Licensing and Standards (DG.Main.DG9.2.1)
(December 12, 2019) Submission from Jan and Mike Wood Daly (DG.Main.DG9.2.2)

Motions

Motion to Confirm Order moved by Hayley Glaholt (Carried)

That the Dangerous Dog Review Tribunal confirm the determination of a dangerous dog, that the conditions of the order remain in effect, and that the Tribunal forward the reasons for this decision to Jan and Mike Wood Daly and the Executive Director, Municipal Licensing and Standards on or before January 29, 2020.

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