Item - 2021.DG14.1

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 Deborah Powell Wells and the Executive Director, Municipal Licensing and Standards on or before February 5, 2021.

On January 27, 2021, 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 Julia Guerrieri, the Appellant Debra Powell Wells, and her agent Leon Presner of Defend-It Legal Services as well as an Interested Party, namely the victim Jacqueline Spicer. In addition, the Tribunal considered written documentation from professional dog trainer Trevor De Cristofaro, Pando Stepanis of Olympus K-9 Detection, Terry Schipper of TEAM Dog Rescue and a witness Trevor Tyre.

The Tribunal determined that a dangerous act occurred and was committed by Armand 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-defence and was the second dangerous act on record.

The Tribunal accepts the following evidence.

1. The victim Jacqueline Spicer was walking her dog Arlo and upon turning east off Warden Avenue on to Viewbank Road she saw Deborah Powell Wells and her dog Armand on the grass up against a fence holding her dog close to her with both hands on a short leash. Ms. Spicer was on the road on Viewbank Road as there are no sidewalks there.
2. Ms. Powell Wells indicated to her not to approach her dog. Ms. Spicer acknowledged that and stayed on the road thus keeping the two dogs separated by several feet. Ms. Powell Wells accidentally dropped her leash and lost control of her dog. Armand ran toward Arlo and attacked him. Ms. Spicer continued to hold on to Arlo’s leash and the two women both tripped and fell in the tangle of leashes and dogs. Ms. Spicer was bitten in the ensuing melee.
3. Armand’s attack was unprovoked as Arlo, who is a very shy rescue dog, had not been paying any attention to Armand. Documentation from Mr. Schipper indicated that Arlo is extremely cautious around other dogs.
4. This was the second attack on record for Armand with the City.
5. A neighbour Trevor Tyre who observed the attack from his front porch eighty-five feet away intervened and separated the dogs. He took Ms. Spicer back to his house called an ambulance and along with his wife cleaned her up from the blood from her wounds while waiting for the ambulance to arrive.
6. Ms. Spicer’s wounds were quite severe including an infection, cellulitis and what appears to be permanent nerve damage.

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, April 21, 2020, Appeal DDRT2020-06.