MINUTES - Aurora Appeal Tribunal - 20200730
Town of Aurora
Aurora Appeal Tribunal
Hearing Minutes
Date: Monday, July 30, 2020
Time and Location: 6:30 p.m., Video Conference
Committee Members: Tom Plamondon (Chair), Clarence Lui (Vice Chair), Michele
Boyer, Steven D’Angeli, Daniel Lajeunesse
Members Absent: None
Other Attendees: Lindsay Clarke, Supervisor, Animal Services, By-law
Services (Town’s Case Presenter), Bethany Coleman,
Animal Services Officer, By-law Services (Town’s Case
Presenter), Alexander Wray, Manager, By-law Services,
Samantha Yew, Deputy Town Clerk, Patricia Calderon,
Appellant, Ryan Davies, Witness, Gillian Newell, Witness
This meeting was held electronically as per Section 20.1 of the Town's Procedure By -
law No. 6228-19, as amended, due to the COVID-19 State of Emergency.
1. Call to Order
The Chair called the hearing to order at 6:12 p.m.
2. Declarations of Interest
None
3. Adjournments/Withdrawals (Added Section)
1. 36 Victoria Street – Notice to Muzzle – Animal Services By-law No. 6197-19
The Appellant requested that the hearing be adjourned to a future date due to
lack of time to prepare for the hearing. The Town’s Case Presenter opposed the
adjournment and requested to proceed with the hearing.
Aurora Appeal Tribunal Hearing Minutes
Thursday, July 30, 2020 Page 2 of 3
The Tribunal recessed the hearing to deliberate the request for adjournment at
6:58 p.m. and reconvened the hearing at 7:13 p.m.
The Tribunal requested clarification from staff regarding the distribution of
documents related to the hearing.
The Tribunal recessed the hearing to further deliberate the request for
adjournment at 7:19 p.m. and reconvened the hearing at 7:24 p.m.
Moved by Steven D’Angeli
Seconded by Clarence Lui
That the request for adjournment be denied.
Carried
4. Appeals for Consideration
1. 36 Victoria Street – Notice to Muzzle – Animal Services By-law No. 6197-19
Alexander Wray, Manager, By-law Services, stated that it is the Town’s position
that the Notice to Muzzle should be confirmed as written.
The Town’s Case Presenter presented exhibits, including a video, with respect to
the alleged dog bite experienced from dog, Max. The Case Presenter also
provided submissions regarding the Appellant’s other dog, who has been
involved in unrelated incidents. The Appellant objected to the submission of
many exhibits.
The Town’s Case Presenter called upon two witnesses. The first witness, Mr.
Ryan Davies, answered questions from the Town and the Appellant regarding his
account of the alleged dog bite and a video he took showing the aftermath of the
incident, which was submitted by the Town as evidence.
The Town’s second witness, Gillian Newell, who is the owner of the dog subject
to the alleged attack, was unavailable when called to speak.
The Tribunal recessed the hearing to allow By-law Services to attempt to contact
the second witness at 9:45 p.m. and reconvened the hearing at 10:08 p.m.
The second witness did not return to the hearing. The Committee asked the
Appellant if they would like to request an adjournment as the witness was not
present. The Appellant requested an adjournment in order to request a legal
opinion on the significance of the witness.
Aurora Appeal Tribunal Hearing Minutes
Thursday, July 30, 2020 Page 3 of 3
The Tribunal recessed the hearing to deliberate the request for adjournment at
10:20 p.m. and reconvened the hearing at 10:29 p.m.
Moved by Steven D’Angeli
Seconded by Michele Boyer
That based on the unavailability of the Town’s witness, who is the owner of the
dog subject to the alleged attack, the Tribunal adjourns the hearing to Thursday,
August 13, 2020, at 6:30 p.m.
Carried
5. Adjournment
Moved by Clarence Lui
Seconded by Daniel Lajeunesse
That the hearing be adjourned at 10:35 p.m.
Carried