Item - 2021.DG23.3

The Dangerous Dog Review Tribunal: 

1. Amended Rule 7 of the Dangerous Dog Review Tribunal Rules of Procedure as follows:

a. Rule 7.3 is amended to read:

7.3  Parties shall, no later than 14 days prior to the date of the hearing, file with the Tribunal Secretary a copy of every document or relevant portions of documents they intend to rely on or produce in the hearing; and

b. Rule 7.4 is amended to read:

7.4  Where a party fails to serve a document in accordance with Rule 7.2 or file a document in accordance with Rule 7.3, the Tribunal may still allow the document to be entered into evidence where the Panel hears submissions from the parties on such a late allowance and may make such other orders as it deems appropriate in the circumstances.

2. Amended Rule 9 as follows:

a. A new Rule 9.3 is added:

9.3  With the consent of all parties, the Tribunal Secretary may re-schedule or change the hearing date, time or location of a hearing which has already been scheduled.

3. Amended Rule 16 as follows:

a. The phrase "Executive Director" is replaced by the term "Executive Director's representative".

b. Rule 16.3 is amended by deleting sub-rules (i) to (iv) and replacing them as follows:

(i) The Executive Director's representative shall present the order to comply issued pursuant to section 349-15 of Chapter 349 and any other evidence which forms part of the City's case;

and re-numbering sub-rules (v) to (vii) appropriately.

c. Rule 16.5 is amended by renaming the heading "Reply from Executive Director's representative".

d. Rule 16.8 is amended by adding new sub-rules (ii) to (v) as follows:

(ii) Panel members, through the Panel Chair, may question the interested person to clarify any evidence presented.

(iii) The Executive Director's representative may question the interested person to clarify any evidence presented.

(iv) If the Applicant has a representative, the representative may question the interested person to clarify any evidence presented.

(v) No representative

a. If the Applicant is not represented, any questions the Applicant may wish to ask the interested person shall be directed to the Panel.

b. The Panel may allow the question to be put to the interested person or rule that the question is improper or out of order.

4. Amended Rule 17 by replacing the word "Tribunal" with the word "Panel" in Rules 17.1 and 17.2.

5. Amended Rule 20 by replacing the word "Tribunal" with the word "Panel" in Rule 20.1.

6. Amended Section 21 of the Dangerous Dog Review Tribunal Rules of Procedure so it reads as follows:

21. Power to Review

21.1  A Non-sitting Member shall consider a party’s request for review of a decision or order if the party files a request for review as set out in Rule 21.2. A request for review does not automatically stay the effect of the original decision or order unless the Tribunal so orders.

21.1.1  For the purposes of this rule, a "Non-sitting Member" means a member that did not sit on the Panel during the original hearing for a matter.

21.2 A party making a request for review shall file notice of such request with the Tribunal within thirty (30) days of the Tribunal’s written decision. Such notice shall include:

(i) the party’s full name, address, telephone, fax number, and e-mail address (if any);

(ii)  the full name, address, telephone and fax number and e-mail address (if any) of the party’s representative (if any);

(iii) the party or representative’s signature;

(iv) the reasons for the request;

(v) the desired result of the review (such as a change or alteration to the decision or a rehearing of the proceeding); and

(vi) any documents that support the request, including copies of any new evidence that was unavailable at the hearing.

21.3 Initial Screening of Request

(i) The Tribunal shall not consider a request for review where the request is filed more than thirty (30) days after the date of the Tribunal’s written decision.

21.4 Filing and Serving a Response to a Request for Review

(i) A party that files a request for review must serve the request and all supporting material on all other parties to the original hearing. The Non-sitting Member may require any or all other parties to provide, by a specific date, a response to the request. The Non-sitting Member may identify the issues to address in the response. The response to a request for review shall include the reasons for the response and any supporting documents. The response shall be served on the other parties and filed with the Tribunal by a specific date set by the Non-sitting Member.

21.5 Power of the Non-sitting Member to Dispose of the Request

(i) Subject to Rule 21.6, the Non-sitting Member will consider a request for review.  The Non-sitting Member may consult with the other Non-sitting Member in making their decision.  The Non-sitting Member may do the following:

(A) The Non-sitting Member may grant the request for review, in whole or in part or grant other appropriate relief. In the event the request for review is granted, the Tribunal Chair will assign a Panel to conduct the review hearing and will notify all of the parties and provide direction for notice. The Panel assigned by the Tribunal Chair will be comprised of the Tribunal Chair and the two Non-sitting Members. The Tribunal chair will also direct the Tribunal Secretary to set a hearing date for the review hearing. 

(B) The Non-sitting Member may alternatively dismiss the request, in which case the decision remains in force and effect.

21.6 Exercise of the Non-sitting Member's Discretion

The Non-sitting Member may exercise their discretion to grant a request for review, in whole or in part, and order a rehearing of the proceeding to review the decision in whole or in part only if the Non-sitting Member is satisfied that the request for review raises a convincing and compelling case that the Tribunal:

(i) acted outside its jurisdiction;

(ii) violated the rules of natural justice or procedural fairness, including those against bias;

(iii) made an error of law or fact such that the Tribunal would likely have reached a different decision but not for that error;

(iv) heard false or misleading evidence from a party or witness which was discovered only after the hearing and would have affected the result; or

(v) should consider evidence which was not available at the time of the hearing, but that is credible and would have affected the result.

21.7 The Panel which conducts the review hearing shall rehear the appeal, in whole or in part, as directed by the Non-sitting Member, and may review, rescind, change, alter or vary any decision or order made by the Tribunal.

21.8 The Non-sitting Member may initiate a request for review and exercise their discretion subject to Rule 21.6 upon notice with reasons to all parties to a proceeding and within a reasonable time after the Tribunal decision or order is made.

The purpose of this report is to recommend amendments to the Rules of Procedure for the Dangerous Dog Review Tribunal. 

The proposed amendments streamline the filing of documents with the Tribunal Secretary, enable the Tribunal Secretary, with the consent of all parties, to reschedule previously scheduled hearings, and clarify the oral hearing procedures.

This report was prepared in consultation with Legal Services.