Item - 2021.DG22.1

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 Scott Currie and the Executive Director, Municipal Licensing and Standards on or before September 30, 2021.

On September 21, 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 acting Executive Director, Municipal Licensing and Standards, the Animal Care and Control Officer Jim Constantinidis, the Appellant Scott Currie and his father Ian Currie, as well as an Interested Party, namely the victim, Melvin Diamonon.

The Tribunal determined that a dangerous act occurred and was committed by Storm 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 or subsequent dangerous act on record for Storm.

The Tribunal accepts the following evidence.

1. Mr. Ian Currie was returning Storm to the home of Mr. Scott Currie, Storm’s owner.
2. Upon exiting Mr. Ian Currie’s vehicle, Storm was able to run out of the car dragging his leash when Mr. Ian Currie opened the passenger door.   
3. Mr. Ian Currie ran after Storm and called out the dog’s name in an apparent effort to get Storm to stop.
4. Storm ran right for his house at 413 St. Clements Ave.
5. Mr. Melvin Diamonon, a Canada Post employee, was on the porch of 413 St. Clements Ave. in the process of delivering mail to the house.
6. Storm ran up onto the porch and bit Mr. Diamonon on the left leg.
7. Mr. Diamonon kicked at Storm to get him away from him.
8. The bite was later determined to be non-severe.
9. Mr. Ian Currie was unable to see the interaction as his view was blocked by a white SUV although he said he felt that the bite must have been in response to the kick.
10. When Mr. Ian Currie arrived at the porch a few seconds later he stepped on Storm’s leash so there could be no more problematic interactions between Storm and Mr. Diamonon.
11. Mr. Ian Currie then walked to the side of the house and put Storm inside.
12. Mr. Ian Currie then returned to the front of the house and asked Mr. Diamonon if he was OK.
13. Mr. Diamonon asked for a little space and Mr. Ian Currie waited while Mr. Diamonon went to his work vehicle to apply first aid and call his supervisor.
14. Upon Mr. Diamonon’s return Mr. Ian Currie examined the wound and the tear to the uniform.
15. Mr. Ian Currie, satisfied there was no serious injury, went home.
16. Mr. Diamonon went to Michael Garron Hospital where he was examined and where a WSIB form was filled out by the medical staff.
 

As noted above, the Tribunal concluded that the dangerous act was the second or subsequent dangerous act on record for Storm.

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, April 14, 2021, Appeal DDRT2021-14.