Item - 2023.DG3.1

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 Marlene Smith and the Executive Director, Municipal Licensing and Standards on or before April 7, 2023.

On March 24, 2023, 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 representative of the Executive Director, Municipal Licensing and Standards, the appellant dog owner Marlene Smith, and the victim David Ilosvai and his mother Melinda Ilosvai, well as the Animal Care and Control Officer, Jim Konstantinidis.

The Tribunal determined by a unanimous decision, that a dangerous act was committed by Sky 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 was not severe, but pursuant to the City of Toronto Municipal Code Chapter 349-15. B (3) as it was a second offence it necessitated the issuance of a Dangerous Dog Order. The Tribunal considered whether Sky was acting in self-defense but agreed with the assessment of the Animal Care and Control officer who deemed that it was not self-defence.

The Tribunal accepts the following evidence:

1.    Mr. Ilosovai was riding his scooter on the sidewalk in front of the appellant’s home, en route to the drugstore.  

2.    Sky was with his owner, Ms. Smith, outside of their home, when Sky pulled away, and Ms. Smith accidentally dropped the leash.

3.    Ms. Smith’s yard was unfenced, as she had been intending to fence her yard but was unable to secure contractors due to the COVID pandemic.

4.    Ms. Smith believed that Sky was startled by Mr. Ilosovai.

5.    Sky ran across the grass, on-leash but without Ms. Smith’s control, toward the sidewalk and bit Mr. Ilosvai on the ankle.

6.    This interaction caused Mr. Ilosvai to fall off the scooter.

7.    There were no additional injuries than the bite itself.

8.    Mr. Ilosovai felt the teeth of Sky make contact with his ankle.

9.    Ms. Smith called her dog back and he immediately returned to her.

10.  Ms. Smith and a nearby construction worker helped the victim by performing first aid.

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, September 10, 2022, Appeal DDRT2023-05.