Item - 2021.DG21.3

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 Julian Abdellatif and the Executive Director, Municipal Licensing and Standards on or before September 3, 2021.

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 Jodi Savage, the Appellant Julian Abdellatif, his legal representative, and neighbor Johnathan Farine. The Tribunal considered written evidence from Denis Ilic, who had been walking the victim dog Rory at the time of the incident and from Jessica Fernandez, Rory’s owner. The Tribunal also considered a report from dog trainer Jessica Kelly as well as a surveillance video from the elevator, where the incident took place.

The Tribunal unanimously determined that a dangerous act occurred and was committed by Kai 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 so severity was not an issue in issuing the order.

The Tribunal accepts the following evidence:

1. Mr. Farine showed that there had been a negative history between Kai and Rory for a few years
2. Mr. Abdellatif testified that as soon as the elevator doors opened Rory growled at Kai.
3. Mr. Farine showed evidence from the video that Rory lunged at Kai first.
4. Kai lunged back and clamped down on Rory’s head and pulled him into the elevator.
5. At this point Rory’s leash broke.
6. Due to an unrelated leg injury which required a brace, Mr. Abdellatif fell and held on to Kai’s leash while on the floor of the elevator.
7. Kai held Rory in a head clamp locked-jaw position where it was observed on video that there was a little side-to-side movement even when Mr. Ilic, who with Mr. Abdellatif’s permission, punched Kai in the head in attempts to make Kai release his bite.
8. Mr. Abdellatif tried his best to pull Kai off Rory using Kai’s leash, but it was difficult for him to get leverage from his position on the floor of the elevator.
9. After holding Rory in the head clamp position for two minutes and thirteen seconds, Kai finally released Rory and Rory exited the elevator immediately.
 

Subsequent to the attack, dog trainer Jessica Kelly submitted a report in which she said, in her opinion, the length of the hold was not excessive for two large dogs with “bad blood” between them. She felt that

Kai was acting in self-defence fearing if he let go, he would be attacked again. However, the Tribunal unanimously felt that Kai’s actions went far beyond the boundaries of self-defence.

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

The Dangerous Dog Review Tribunal commenced hearing Appeal DDRT2021-09 at its June 17, 2021 meeting and adjourned consideration of the item to the August 19, 2021 meeting of the Dangerous Dog Review Tribunal.

Appeal of Dangerous Dog Order issued, March 21, 2021, Appeal DDRT2021-09.