Item - 2022.DG30.1

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 Marc Villeneuve and the Executive Director, Municipal Licensing and Standards on or before September 2, 2022.

On August 31, 2022, 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 dog owner, Marc Villeneuve, and his father, Marcel Villeneuve, and an Interested Party, Sylvia Biro Price, owner of the victim cat, Scarlett. The Animal Care and Control Officer, Jennifer Strong, was not present, but her written testimony was read into the record. Written documentation in the form of references for Rusty were also provided in the disclosure package.

The Tribunal determined by a unanimous decision, that a dangerous act was committed by Rusty the dog in question. Further, the Tribunal 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, although it was the first dangerous act on record, was severe pursuant to the City of Toronto Municipal Code Chapter 349-15. B (2) thus necessitating the issuance of a Dangerous Dog Order. The Tribunal considered whether Rusty was acting in self-defense but concluded that, although Rusty was initially attacked by a cat named Scarlett, his response was not proportional to the threat posed by the cat.

The Tribunal accepts the following evidence:

1.  Rusty was being walked on a leash by the dog owner’s father, Marcel Villeneuve (“Mr. Villeneuve”).
2.  Rusty was sniffing some vines in front of 185 Hewlett Ave. when a cat hidden in the vines started hissing and attacked Rusty and subsequently Mr. Villeneuve.
3.  Rusty bit the cat and began shaking the cat and did not let go despite the efforts of Mr. Villeneuve. A neighbour, Liz Kerr, helped separate the two animals.
4.  Ms. Kerr picked up Scarlett and took her back across the street to her residence.
5.  Ms. Kerr did not respond to numerous requests to be interviewed by the Animal Care and Control Officer.
6.  Mr. Villeneuve, although he sustained some cuts, proceeded to walk Rusty home.
7.  A neighbour to the cat owner, Ms. Bomers, confronted Mr. Villeneuve and asked for contact information, which she later provided to Ms. Biro Price.
8.  Ms. Bomers did not respond to numerous requests to be interviewed by the Animal Care and Control Officer.
9.  Scarlett was taken for veterinary care but she was humanely euthanized.
 

Based on the evidence and for the reasons above, the Tribunal confirms by a unanimous decision, the determination of the Dangerous Dog Order.

Appeal of Dangerous Dog Order issued March 16, 2022, Appeal DDRT2022-06.