MINUTES - Aurora Appeal Tribunal - 20200123
Town of Aurora
Aurora Appeal Tribunal
Hearing Minutes
Date: Thursday, January 23, 2020
Time and Location: 6 p.m., Council Chambers, Aurora Town Hall
Committee Members: Tom Plamondon (Chair), Clarence Lui (Vice Chair), Michele
Boyer, Steven D’Angeli, and Daniel Lajeunesse
Members Absent: None
Other Attendees: Alex Wray, Manager, By-law Services, Hailey MacGillivray,
Animal Services Officer and Town’s Case Presenter,
Sabrina Nathan, Shahila Nathan, Peng Qu, Appellants,
Samantha Yew, Deputy Town Clerk, and Ishita Soneji,
Council/Committee Coordinator
1. Call to Order
The Deputy Town Clerk called the meeting to order at 6 p.m.
2. Appointment of Chair
The Deputy Town Clerk opened the floor to nominations for the Chair and Vice
Chair of the Aurora Appeal Tribunal for the 2018-2022 Term.
Clarence Lui nominated Tom Plamondon as Chair. There being no other
nominations, Tom Plamondon was appointed Chair of the Committee.
Tom Plamondon nominated Clarence Lui as Vice Chair. There being no other
nominations, Clarence Lui was appointed Vice Chair of the Committee.
Tom Plamondon assumed Chair at 6:03 p.m. and outlined the process that would
be followed in the conduct of the appeal hearing.
Aurora Appeal Tribunal Minutes
Thursday, January 23, 2020 Page 2 of 4
3. Declarations of Interest
None
4. Appeals for Consideration
1. 32 Cypress Court – Notice to Muzzle – Animal Services By-law No. 6197-
19
Mr. Alex Wray, Manager of By-law Services introduced the matter before the
Committee and presented exhibits and made submissions with respect to the
dog bite experienced from dog, Caramel.
The Appellants, Ms. Sabrina Nathan and Ms. Shahila Nathan presented an
exhibit package in defense of Caramel and noted that the incident was an act
of self defence, and there have been no past altercations of this nature. It was
noted that Caramel has no history of aggressive behaviour and measures
would be taken to ensure such incidents do not repeat in the future.
The Committee sought clarification on the exhibit package submitted by the
Appellant and recessed the meeting to allow time for the Town Case presenter
to review the evidence as per the process, as the package was not provided
prior to the meeting.
The Committee recessed the meeting at 7:13 p.m. and reconvened at 7:27
p.m.
The Committee sought any objections to the evidence submitted by the
Appellants and the Town Case presenter noted that upon reviewing the
evidence, and agreement was reached with the Appellant with respect to the
Notice to Muzzle and requested the Committee to consider rescindment of the
muzzle order and that a training program for Caramel should be considered.
The Committee inquired about the type of training program suggested and the
proposed timelines, and staff provided clarification.
The Committee recessed to deliberate the matter at 7:43 p.m. and reconvened
at 7:27 p.m.
Aurora Appeal Tribunal Minutes
Thursday, January 23, 2020 Page 3 of 4
The Vice Chair stated that upon hearing the evidence of the Appellant and
Town staff on behalf of The Corporation of Town of Aurora and reviewing any
evidences submitted, it was the decision of the Aurora Appeals Tribunal:
Moved by Clarence Lui
Seconded by Steven D’Angeli
1. That the Notice to Muzzle – Animal Services By-law No. 6197-19 for
Caramel, dated November 19, 2019 be rescinded in its entirety with the
following conditions:
(a) That the pet owner and Town of Aurora Animal Services department
come to an agreement for a training program for Caramel; and
(b) That if an agreement is not reached, any party could resume the
appeal process.
Carried
The Vice Chair provided the rationale behind the Committee’s decision and the
hearing for this case was adjourned with no appointed date for resumption.
2. 78 Timberline Trail – Notice to Muzzle – Animal Services By-law No. 6197-
19
3. 78 Timberline Trail – Notice to Muzzle – Animal Services By-law No. 6197-
19
Ms. Hailey MacGillivray, Animal Services Officer, introduced the matter before
the Committee and presented exhibits and made submissions with respect to
the dog bite experienced by a resident from dogs Chloe and Joey.
The Appellant, Mr. Peng Qu spoke in defence of the dogs noting that the
incident was accidental and reactive in nature. He noted that he wishes to
present video evidence regarding the incident to the Committee prior to any
decisions being made.
The Committee recessed to deliberate the matter at 8:28 p.m. and reconvened
at 8:38 p.m.
Aurora Appeal Tribunal Minutes
Thursday, January 23, 2020 Page 4 of 4
The Vice Chair stated that upon hearing the statement of the Appellant and
Town staff on behalf of The Corporation of Town of Aurora, it was the decision
of the Aurora Appeals Tribunal:
Moved by Clarence Lui
Seconded by Steven D’Angeli
1. That the hearing regarding Notices to Muzzle – Animal Control By-law No.
6197-19 for Chloe and Joey, dated November 19, 2019 be adjourned to
February, 6, 2019 at 6 p.m.; and
2. That until a decision is made, the Notices to Muzzle for both dogs Chloe
and Joey remain in force.
Carried
The Vice Chair provided the rationale behind the Committee’s decision and
requested the Appellant that the video evidence be submitted to the Town by
Tuesday, January 28, 2020, and if possible a pre-hearing be considered.
6. Adjournment
Moved by Daniel Lajeunesse
That the meeting be adjourned at 8:49 p.m.
Carried