Item - 2021.DG16.1

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 Rescinded the determination of a dangerous dog and exempted the applicant from compliance with the Dangerous Dog Order issued September 22, 2020, and directed that the Tribunal forward the reasons for this decision to Debra Stocks and the Executive Director, Municipal Licensing and Standards on or before April 9, 2021.

On April 7, 2021, 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 Tribunal heard oral and written arguments from the Applicant’s Representative, Registered Paralegal Mary-Anne Thompson, the Applicant Debrah Stocks, the Executive Director, Municipal Licensing and Standards, and the Animal Care and Control officer Jim Konstantinidis. In addition, the Tribunal considered oral and written evidence from the victim dog’s owner Mayvis Rebeira, the Dog Walker Jim Cain, and Ontario Court Certified Expert on Canine Aggression Kerry Vinson. The panel also considered written arguments from Veterinarian Dr. Jennifer McMullen and Bark Busters Therapist and Master Trainer Monica Simpson. In addition, the Tribunal had the opportunity to review several written “character references” from people who know Piper. As well, medical records including a necropsy on the victim dog Atlas were entered into evidence.

The Tribunal rescinds the order as it does not believe based on the balance of probabilities that Piper caused the tragic fatal injury to Atlas given Mr. Cain’s own testimony that he might have caused Atlas’ injury from his long nails and his grabbing and fumbling Atlas.

The Tribunal accepts the following evidence.

1. Ms. Mayvis Rebeira hired Mr. Jim Cain to walk her young puppy, a female miniature Schnauzer named Atlas. Her intention was to have Atlas socialized and exercised.

2. For their first walk together Mr. Cain preferred to walk Atlas alone. However, Ms. Rebeira asked him to walk Atlas in the company of another dog for the purpose of socialization.

They agreed that Mr. Cain would walk Atlas with a male adult standard poodle named Piper, with whom Mr. Cain was familiar.

3. Various witnesses, including Piper’s veterinarian, called by the Appellant spoke to Piper’s friendly and submissive nature. Animal Control indicated that no previous dangerous or aggressive incidents were on file for Piper.

4. Mr. Cain arrived with Piper at Ms. Rebeira’s apartment and took the two dogs for a walk. Upon exiting the apartment with Atlas and Piper, Atlas began to emit a loud constant wail and resisted walking on the leash.

5. Security footage from the outside of the condo lobby shows Atlas resisting the walk and Mr. Cain dragging Atlas along the pavement. Piper noses Atlas a number of times. When Atlas stopped at the end of the building walkway before crossing the street, Piper nudged Atlas again with his nose. Mr. Vinson and Dr. McMullen testified on reviewing the footage, that the nose nudging was done with a closed mouth. The Tribunal did not see any biting actions. Mr. Cain indicated that Atlas continued to make alarming loud noises as he dragged her hoping to get Atlas to cooperate.

6. Mr. Cain interacted with various bystanders during his ten-to-twenty-minute encounter with Atlas. Although three neighbors in the area of the park indicated they had seen Mr. Cain with two dogs, none of them described seeing any blood or any actual attack by Piper, in a manner that is clear enough for the Tribunal to accept, according to interviews conducted by Animal Care and Control officer Jim Konstantinidis.

7. At one point Atlas bit Mr. Cain when he picked Atlas up causing a minor injury to his thumb. Mr. Cain indicated in his testimony that he may have injured Atlas with his long nails and tight grip at this point as he grabbed and “fumbled” Atlas when picking her up.

8. Mr. Cain noticed blood coming from Atlas’ mouth. He testified the blood came from Atlas’ mouth when Atlas was squeezed.

9. Mr. Cain returned to the apartment after the bite and a photo of Mr. Cain in the lobby elevator shows him carrying Atlas on her back in his arms with blood on his shorts, arm and shirt.

10. Mr. Cain returned Atlas to Ms. Rebeira. He told Ms. Rebeira that Atlas had broken a tooth when Atlas bit him and that she should watch for any bleeding from Atlas’ mouth. He indicated that Ms. Rebeira did not need to get urgent veterinary care for Atlas.

11. Ms. Rebeira was alarmed by Atlas’ lethargy and by the blood coming out of Atlas’ mouth. She called her veterinarian’s office. Mr. Cain spoke to receptionist as the veterinarian was not scheduled until the afternoon. He told her what happened from his perspective i.e., that Atlas might have a broken tooth.

12. Ms. Rebeira requested that Mr. Cain accompany her to her vet as she was concerned about driving but Mr. Cain declined.

13. Mr. Cain left the apartment and returned Piper to Ms. Stocks and did not mention anything about the incident to Ms. Stocks at that time.

14. Later in the afternoon Ms. Rebeira was concerned about the lethargy Atlas was demonstrating while lying on the kitchen floor. She picked Atlas up and found blood all over the floor. She rushed him to her veterinarian where despite the best efforts of the veterinarian, Atlas was pronounced dead.

15. The University of Guelph performed a necropsy at Ms. Rebeira’s request. The necropsy report indicated the presence of a puncture wound to the lung, fractured ribs, and severe internal bleeding. The report does not indicate that Atlas had any broken teeth.

16. The City did not provide any credible evidence that Piper was responsible for Atlas’ fatal injuries.

As noted above the Tribunal does not believe, on the balance of probabilities the City’s case that Piper caused the fatal incident given Mr. Cain’s own testimony that he may have caused Atlas’ injuries.

Based on the evidence and for the reasons above, the Tribunal unanimously rescinds the Dangerous Dog Order.

Appeal of Dangerous Dog Order issued, September 22, 2020, Appeal DDRT2021-01.