MINUTES - Aurora Appeal Tribunal - 20200813
Town of Aurora
Aurora Appeal Tribunal
Hearing Minutes
Date: Thursday, August 13, 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
This meeting was held electronically as per Section 19. i) of the Town's Procedure By
law No. 6228-19, as amended, due to the COVID-19 situation.
1. Call to Order
The Chair called the Hearing to order at 6:37 p.m.
2. Declarations of Interest
None
3. Appeals for Consideration
1. 36 Victoria Street – Notice to Muzzle – Animal Services By-law No. 6197-19
Aurora Appeal Tribunal Hearing Minutes
Thursday, August 13, 2020 Page 2 of 3
The Chair provided a brief review of the Hearing held on July 30, 2020, noting
that the unavailability of the Town’s second witness was the reason for
adjournment.
The Chair and Vice Chair stated that for timing purposes the Town’s second
witness would be called, deviating from the order of the speakers for the
Hearing. The Appellant agreed with this change.
The Town Case Presenter called upon the Town’s second witness, Gillian
Newell, owner of the dog that was allegedly attacked. Ms. Newell provided her
account of the incident and answered questions from the Town and the
Appellant.
The Appellant asked questions of the Town’s Case Presenter and explained that
the objection to 21 exhibits of evidence submitted by the Town was because
they refer to incidents related to the Appellant’s other dog, not the dog in
question. The Appellant requested that these documents be ignored.
The Appellant presented exhibits with respect to the incident and answered
questions from the Tribunal.
The Town’s Case Presenter and the Appellant provided closing remarks. The
Town’s Case Presenter requested that the Order be confirmed as presented.
The Appellant requested that the Muzzle Order be applied for only six months to
a year.
The Tribunal recessed the Hearing to deliberate at 9:39 p.m. and reconvened
the Hearing at 9:44 p.m.
The Tribunal confirmed with the Town’s Case Presenter that the Order would be
applied indefinitely if confirmed as written, and the Case Presenter noted that at
the Pre-hearing the Town offered to reduce the Muzzle Order to three years with
proof of appropriate training. The Tribunal inquired about the change in request
from the Pre-hearing to the Hearing, and the Case Presenter cited an incident
that occurred between the Pre-hearing and the Hearing involving the Appellant’s
other dog as the reason for the change.
The Tribunal recessed the Hearing to deliberate at 9:51 p.m. and reconvened
the Hearing at 10:31 p.m.
Aurora Appeal Tribunal Hearing Minutes
Thursday, August 13, 2020 Page 3 of 3
The Vice Chair briefly detailed the Tribunal’s decision-making process including
the consideration of evidence and procedural fairness, noting that more
information would be available in the final Notice of Decision, which would be
provided within 15 days of the Hearing.
Moved by Clarence Lui
Seconded by Daniel Lajeunesse
That the Order to Muzzle be confirmed in its entirety, with reasons for decision
to follow.
Carried
4. Adjournment
Moved by Clarence Lui
Seconded by Michelle Boyer
That the hearing be adjourned at 10:37 p.m.
Carried