Item - 2021.DG21.1
Tracking Status
- This item was considered by Dangerous Dog Review Tribunal on August 19, 2021 and was confirmed without amendment.
DG21.1 - Dorothea Gospodaric - Appeal DDRT2021-12
- 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 Dorothea Gospodaric and the Executive Director, Municipal Licensing and Standards on or before September 3, 2021.
Decision Advice and Other Information
On August 25, 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 Patrick Palubjak, and the Appellant Dorothea Gospodaric as well Syl Bruni the owner of the victim dog Molly. The Tribunal also considered written evidence from Jesse Bruni, the son of Syl Bruni and dog trainer Jeff Baker.
The Tribunal determined that a dangerous act occurred and was committed by Sasha, 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 severe.
The Tribunal accepts the following evidence:
1. Ms. Gospodaric was in Kingsview Park, 380 Dixon Rd. on January 26, 2021, at about 8:30 PM with her dogs Sasha and Reeses
2. She was in the process of placing a bag of dog excrement in the garbage when she accidentally dropped Sasha’s leash.
3. Sasha took off and ran about fifty meters to where Molly was and attacked her. The attack lasted about fifteen seconds and included some shaking. The attack only ended when Jesse Bruni pulled Sasha off Molly. The appellant did not witness the attack.
4. Molly suffered severe injuries including multiple puncture wounds to her back and belly with accompanying bleeding.
5. There was no evidence presented indicating Sasha was acting in self-defence, although Ms. Gospodaric believed some coyotes, they had seen in the area earlier had “spooked” Sasha – and triggered the attack on Molly.
6. Dog trainer Jeff Baker, who worked with Sasha after the incident, said in his report that he believed Sasha could use socialization, but he did not feel there was any need for a muzzle order.
Based on the evidence and for the reasons above, the Tribunal unanimously confirms the determination of the Dangerous Dog Order.
Origin
Summary
Appeal of Dangerous Dog Order issued, April 9, 2021, Appeal DDRT2021-12.
Background Information
https://www.toronto.ca/legdocs/mmis/2021/dg/bgrd/backgroundfile-169441.pdf
(April 9, 2021) Dangerous Dog Order
https://www.toronto.ca/legdocs/mmis/2021/dg/bgrd/backgroundfile-169442.pdf
(August 25, 2021) Dangerous Dog Review Tribunal Written Decision DDRT2021-12
https://www.toronto.ca/legdocs/mmis/2021/dg/bgrd/backgroundfile-170260.pdf
Communications
(August 5, 2021) Submission from Dorothea Gospodaric (DG.Main)
Speakers
Patrick Palubjak, Animal Control Officer, Municipal Licensing and Standards
Dorothea Gospodaric
Sylvester Bruni
Motions
At 10:18 a.m. - That the Dangerous Dog Review Tribunal recess its public session and meet in closed session to deliberate in private.
At 10:23 a.m. - That the Dangerous Dog Review Tribunal reconvene in public session.
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 Dorothea Gospodaric and the Executive Director, Municipal Licensing and Standards on or before September 3, 2021.