Item - 2022.DG30.2

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 Tyler Munn and the Executive Director, Municipal Licensing and Standards on or before September 2, 202.

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’s legal representative, Philip Cowle, and the Animal Care and Control Officer, Patrick Palubjak. Written documentation was also provided in the disclosure package from Noah Poplov, Klondike’s dogsitter, as well as case references from lawyer for the dog owner, Jennifer Friedman.

The Tribunal determined by a unanimous decision, that a dangerous act occurred and was committed by Klondike 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, resulted in a severe injury thus necessitating the Dangerous Dog Order. The Tribunal considered whether Klondike was acting in self-defense but concluded there was no provocation for his actions which resulted in the death of Tic Tac, Ben and Alex McClure’s cat.

The Tribunal accepts:

1.  On September 18, 2021, Tic Tac entered Tyler Munn’s fully fenced yard and hid under a tarpaulin. Upon coming into sight, a greyhound dog named Klondike chased and attacked Tic Tac, who subsequently died resulting from injuries sustained in the attack.
2.  That Tic Tac was found deceased in the backyard of the residence where Klondike resides.
3.  That according to a letter dated October 6, 2021 from Dr. Monika McIsaac of the Coxwell Animal Clinic, the wounds and lesions found on Tic Tac's body were consistent with an animal attack.
4.  The evidence of Officer Palubjak that the dog bite injury suffered by Tic Tac was severe as stated during his testimony and as indicated in his notes.

 
The key issue was whether the order was in compliance with Chapter 349 of the Toronto Municipal Code. Despite Officer Palubjak noting that Tic Tac’s owner assumed inherent risk allowing their cat to roam outdoors and unsupervised, and despite Officer Palubjak being of the opinion that Klondike’s owner took every precaution to avoid the dog bite incident, Section 349-15 B(2) of the by-law requires an officer to serve a dangerous dog order if it is the officer's opinion that a dangerous act occurred and that such an act is severe.  Officer Palubjak testified that he was of the opinion that Klondike had committed a dangerous act involving Tic Tac and that such an act was severe. Accordingly, the officer was mandated to serve Klondike’s owner with a dangerous dog order.  It was not for the officer to exercise discretion in issuing the dangerous dog order in the circumstances, as the by-law required him to do so. That the dangerous dog order was served on Klondike’s owner on or about March 11, 2022, some 5 months and 21 days after the dog bite incident does not nullify the officer’s obligation to comply with Chapter 349 of the Toronto Municipal Code.

The appellant’s representative argued that the City had no jurisdiction to call a review but the Tribunal’s mandate is to determine whether the order was in compliance with Chapter 349 of the Toronto Municipal Code.

Based on the evidence and Chapter 349, and the reasons above, the Tribunal confirms by a unanimous decision, the determination of the Dangerous Dog Order.

Appeal of Dangerous Dog Order issued March 8, 2022, Appeal DDRT2022-07.