Item - 2021.DG18.1

Tracking Status

DG18.1 - Wei Gao - Appeal DDRT2021-08

Decision Type:
ACTION
Status:
Confirmed
Wards:
All

Panel Decision

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 Wei Gao and the Executive Director, Municipal Licensing and Standards on or before June 4, 2021.

Decision Advice and Other Information

On May 26, 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 Jim Konstantinidis, the Appellant Wei Gao as well as an Interested Party, namely the victim dog Chewie’s owner Yih Lee.

 

The Tribunal determined that a dangerous act occurred and was committed by Lion 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, was the second dangerous act on record.

 

The Tribunal accepts the following evidence.

1. The earliest dangerous act on record was July 21, 2019 where Lion jumped on and bit Chubby a dog owned by Dominic Lui. A written warning was issued to Mr. Gao as a result of this incident.
2. On January 24, 2021 Mr. Gao lost control of Lion’s leash and Lion ran towards Mr. Lee and Chewie who was on a leash walking on the sidewalk. Mr. Lee tried to protect Chewie by kicking at Lion and in the process fell and suffered a minor injury that did not require medical care. However, Chewie received a bite on his left hip and required veterinary care. Mr. Gao caught up with Lion and took him home. The vet report was provided to the Tribunal.
3. After filing his January 24, 2021 complaint Mr. Lee also filed a complaint for an incident on June 13, 2020. At the time of that incident, he was not aware one could file a complaint with Animal Services. Lion and Chewie were being walked by their owners, Mr. Gao and Mr. Lee respectively. As the dogs approached each other both owners provided slack on their leashes so the dogs could sniff each other. Lion then attacked Chewie without warning resulting in Chewie being bitten on his neck. Chewie required veterinary care and the vet report for this bite was also provided to the Tribunal.
 

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

Origin

(February 26, 2021) Letter from Wei Gao

Summary

Appeal of Dangerous Dog Order issued, February 8, 2021, Appeal DDRT2021-08.

Background Information

(February 26, 2021) Appeal of Dangerous Dog Order by Wei Gao
https://www.toronto.ca/legdocs/mmis/2021/dg/bgrd/backgroundfile-166660.pdf
(February 8, 2021) Dangerous Dog Order
https://www.toronto.ca/legdocs/mmis/2021/dg/bgrd/backgroundfile-166661.pdf
(May 26, 2021) Dangerous Dog Review Tribunal Written Decision DDRT2021-08
https://www.toronto.ca/legdocs/mmis/2021/dg/bgrd/backgroundfile-167405.pdf

Communications

(May 6, 2021) Submission from Municipal Licensing and Standards (DG.Main)
(May 6, 2021) Submission from Wei Gao (DG.Main)

Speakers

Carl Bandow, Supervisor, Municipal Licensing and Standards
James Konstantinidis, Animal Control Officer, Municipal Licensing and Standards
Yih Lee
Martin Gao
Wei Gao

Motions

1 - Motion to Confirm Order moved by Rick Ross (Carried)

That the Dangerous Dog Review Tribunal:

                      

1. Confirm the determination of a dangerous dog, and direct that the conditions of the order remain in effect, and that the Tribunal forward the reasons for this decision to Wei Gao and the Executive Director, Municipal Licensing and Standards on or before June 4, 2021.

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