Item - 2021.DG15.4

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 David Taylor and the Executive Director, Municipal Licensing and Standards on or before March 5, 2021.

On February 22, 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 David Taylor as well as an Interested Party, namely the victim dog Kingsley’s owner James Frost. The Tribunal accepted late evidence from Mr. Taylor in the form of a training plan, receipt and letter.

The Tribunal determined that a dangerous act occurred and was committed by Bodhi the dog in question. Further it determined the Order, issued in accordance with the City of Toronto Municipal Code Chapter 349, Section 15, was so issued in accordance with the by-law. The Tribunal concluded the dangerous act, the second dangerous act on record, although there was some provocation, was not in proportion to the provocation and threat perceived.

The Tribunal accepts the following evidence.

1. The victim dog Kingsley was in the Power Avenue off-leash dog park with other dogs including the offending dog Bodhi. Bodhi went over to play with a poodle he knew. Kingsley approached Bodhi who did not appear to be interested in playing with Kingsley.
2. Kingsley started to bother Bodhi by barking in his face and also snapped and nipped Bodhi. Mr. Taylor and Mr. Frost did not agree on the amount of bother or how long it lasted but both men agreed it occurred. At first Bodhi ignored Kingsley but eventually responded by biting Kingsley and pinning him down. Kingsley suffered three puncture wounds in his neck and shoulder area. Bodhi suffered no injuries.
3. Mr. Taylor thought that Mr. Frost’s admission that Kingsley suffers from fear aggression was an aggravating factor in the scuffle.
4. Although Bodhi’s attack had some provocation, the Tribunal believed the severity of the attack was out of proportion to the provocation and threat perceived.
5. This was the second attack on record for Bodhi with the City.
6. Mr. Taylor said that Bodhi is a very strong and powerful dog who would likely always be the stronger dog in a confrontation. Accordingly, he said he would always muzzle Bodhi in dog parks but felt it was not necessary when walking on a leash on the street.
 

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, November 3, 2020, Appeal DDRT2021-06.