Item - 2024.DG20.1
Tracking Status
- This item was considered by Dangerous Dog Review Tribunal on May 30, 2024 and was adopted with amendments.
DG20.1 - Review Hearing - John Spence - Appeal DDRT2023-11
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
Panel Decision
The Dangerous Dog Review Tribunal:
1. Waived the portion of Rule 21.5 (i) (A) which directs that the Panel assigned by the Tribunal Chair for the review hearing will be comprised of the Tribunal Chair and the two Non-sitting Members.
2. Directed that that the review hearing be deferred to the September 12, 2024 meeting and the Panel be comprised of three Members that did not sit at the hearing under DG13.1 on November 9, 2023, and with the recognition that while the Panel directs that this rehearing be composed of three non-sitting Members in regards to Item DG13.1 and excluding the Tribunal Chair, this decision should not be interpreted as setting a precedent for the composition of Panels in future reviews.
3. Directed that this review hearing be the only hearing scheduled on September 12, 2024.
Summary
In accordance with Section 21 of the Rules of Procedure, the Dangerous Dog Review Tribunal has granted a request for review and has ordered a review hearing to hear appeal DDRT2023-11 in whole.
Background Information
(December 9, 2023) Letter from John Spence
(November 15, 2023) Dangerous Dog Review Tribunal Written Decision - DDRT2023-11 (Item DG13.1)
(October 24, 2022) Appeal of Dangerous Dog Order by Robert Spence, on behalf of John Spence
https://www.toronto.ca/legdocs/mmis/2024/dg/bgrd/backgroundfile-245371.pdf
(October 9, 2022) Dangerous Dog Order
https://www.toronto.ca/legdocs/mmis/2024/dg/bgrd/backgroundfile-245372.pdf
Communications
(April 25, 2023) Submission from Robert Spence, Representative, on behalf of John Spence (DG.Main.DG20.1.2)
(April 27, 2023) Submission from Robert Spence, Representative, on behalf of John Spence (DG.Main.DG20.1.3)
(May 1, 2023) E-mail from Robert Spence, Representative, on behalf of John Spence (DG.Main.DG20.1.4)
(October 24, 2023) Submission from Robert Spence, Representative, on behalf of John Spence (DG.Main.DG20.1.5)
(April 24, 2024) E-mail from John Spence (DG.Main.DG20.1.6)
(May 2, 2024) E-mail from Municipal Licensing and Standards (DG.Main.DG20.1.7)
(May 15, 2024) Submission from Robert Spence on behalf of Elizabeth Stewart, Representative, on behalf of John Spence (DG.Main.DG20.1.8)
Speakers
Elizabeth Stewart
Motions
At 10:00 a.m. - That the Dangerous Dog Review Tribunal recess its public session and meet in closed session to deliberate in private.
At 10:58 a.m. - That the Dangerous Dog Review Tribunal reconvene in public session.
That the Dangerous Dog Review Tribunal:
1. Waive the portion of Rule 21.5 (i) (A) which directs that the Panel assigned by the Tribunal Chair for the review hearing will be comprised of the Tribunal Chair and the two Non-sitting Members.
2. Direct that that the review hearing be deferred to the September 12, 2024 meeting and the Panel be comprised of three Members that did not sit at the hearing under DG13.1 on November 9, 2023, and with the recognition that while the Panel directs that this rehearing be composed of three non-sitting Members in regards to Item DG13.1 and excluding the Tribunal Chair, this decision should not be interpreted as setting a precedent for the composition of Panels in future reviews.
3. Direct that this review hearing be the only hearing scheduled on September 12, 2024.
Vote (Amend Item) May-30-2024
| Result: Carried | Majority Required |
|---|---|
| Total members that voted Yes: 2 | Members that voted Yes are Ron Balinsky, Tracey Hamilton (Chair) |
| Total members that voted No: 1 | Members that voted No are Nigel H. Waterman |
| Total members that were Absent: 2 | Members that were absent are Matthew Brown, Hayley Glaholt |