Item - 2022.DG28.1

The Dangerous Dog Review Tribunal:

1. Confirmed 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 David Cain and the Executive Director, Municipal Licensing and Standards on or before May 6, 2022.

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, represented by Jasmine Herzog, the Animal Care and Control Officer Jerry Higgins, the Appellant David Cain, his daughter Eloise Cain, and Vicky Tan, whose parents are the owner of the victim dog Mochi. Ms. Tan spoke on her own behalf as well as acting as a translator for her parents. The Tribunal accepted late evidence from Mr. Cain in the form of a letter clarifying some dates.

The Tribunal unanimously determined that a dangerous act occurred and was committed by Freddie 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 first dangerous act on record, but it was deemed severe as Mochi died. The Tribunal concluded the dangerous act was not in self defense as it was out of proportion to the threat to Freddie.

The Tribunal accepts the following evidence:

1.  Mochi was off leash when she ran through the parking lot behind her building at about 11:30 PM on July 13, 2021. She approached Freddie, who also lived in the building, at a high rate of speed. Although Freddie was leashed, he pulled Mr. Cain toward the approaching dog Mochi.

2.  The two dogs interacted with each other, and the confrontation was captured on the building’s CCTV. As the incident happened quickly and it was dark there was some disagreement between the Tan family and Mr. Cain as to exactly what happened. The Tan family asserted that Freddie picked up Mochi in his mouth and shook her before carrying her off and then dropping her. Mr. Cain felt Mochi had bitten Freddie on the ear and Freddie’s actions were to shake Mochi off him.

3.  Mochi was rushed to an emergency vet clinic where she was pronounced dead.

4.  Mr. Cain did not report any injuries to Freddie at the time but while bathing him 3 weeks later he discovered bite wounds on the left side of Freddie’s head. He sent pictures of the wounds to Mr. Higgins after calling his vet. He was told by the vet office that if the wounds were healing and he seemed okay now there was no need for him to be seen especially given COVID protocols.
 

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, July 19, 2021, Appeal DDRT2022-02.