Item - 2022.DG30.3

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 Vince Ruffolo 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’s representative Paul Mitassov, the dog owner Vince Ruffolo and his son Adriano and an Interested Party, Cybill Wong. The Animal Care and Control Officer, Jennifer Strong, was not present, but her written testimony was read into the record. Lawrence Kuo and his wife, Ileana, were solemnly affirmed and testified during the hearing.  Both Lawrence and Ileana testified that the Ruffolo family dog, Joey, had attacked their dog, Oakley, previous to this incident. Written documentation in the form of references for Joey were also provided in the disclosure package.

The Tribunal determined by a unanimous decision, that a dangerous act occurred and was committed by the dog Joey 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 was the second dangerous act on record, thus necessitating the Dangerous Dog Order. The Tribunal considered whether Joey was acting in self-defence but concluded that he was not.

The Tribunal accepts the following evidence:

1.  Joey bolted from his house and ran to the sidewalk where, based on Ms. Wong’s testimony, Joey knocked over Ms. Wong and went straight towards her dog, Mawi, with his mouth opened. Although there was no bite, Joey’s actions were menacing thus constituted an act of menacing behaviour, qualifying it as a dangerous act under Chapter 349.
2.  Ms. Wong’s knee was bruised when she was knocked over and she provided photographs of the injury.
3.  Adriano Ruffolo ran from the house and took control of Joey after the encounter.
4.  A video submitted by Mr. Ruffolo was incomplete, providing a video recording that started only after Joey finished his encounter/interaction and/or contact with Ms. Wong and Mawi. As a result, the video did not provide any direct evidence that refuted the dangerous act or supported Mr. Ruffolo’s and Adriano Ruffolo’s version of events.

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 22, 2022, Appeal DDRT2022-08.