Minutes - Aurora Appeal Tribunal - 20211028 1
Town of Aurora
Aurora Appeal Tribunal
Hearing Minutes
Date:
Time:
Location:
Thursday, October 28, 2021
6:00 p.m.
Video Conference
Committee Members: Tom Plamondon (Chair)
Daniel Lajeunesse
Steven D'Angeli
Linda Duringer
David Mhango
Other Attendees: Alexander Wray, Manager, By-law Services
Lindsay Clarke, Supervisor, Animal Services
Kayla Recker, Animal Services Officer (Town Case Presenter)
Samantha Yew, Deputy Town Clerk
Irena Polonsky, Witness
Farahnaz Wardak, Appellant
_____________________________________________________________________
1. Call to Order
The meeting was called to order at 6:03 p.m.
2. Procedural Notes
This meeting will be 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.
3. Approval of the Agenda
Moved By Linda Duringer
Seconded By Steven D'Angeli
That the agenda circulated by Legislative Services be approved.
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Carried
4. Declarations of Pecuniary Interest and General Nature Thereof
There were no declarations of pecuniary interest under the Municipal Conflict of
Interest Act, R.S.O. 1990, c. M.50.
5. Appeals for Consideration
5.1 177 Orchard Heights Boulevard – Muzzle Order – Animal Services By-law
No. 6197-19
The Chair called the meeting to order and provided an overview of the
Hearing procedures. The Town requested that the Notice to Muzzle for the
Appellant's dog Teardrop be confirmed as written. The Appellant asked
that the Order be rescinded.
Kayla Recker, the Town's Case Presenter, presented exhibits supporting
the alleged dog bite caused by Teardrop on July 30, 2021, including
witness statements and photographs. Officer Recker called on Irena
Polonsky, owner of Honey, the dog who sustained a puncture wound
during the incident. Ms. Polonsky provided her account of the incident and
discussed details of her witness statement that was submitted as part of
the Town's evidence. The Tribunal members also asked questions of the
witness to clarify the details of the incident.
The Town noted that a photo of injuries allegedly sustained by Teardrop
was omitted from their package as it is was provided after the incident
and unclear when the photo was taken. The Town objected to the
submission of the photo of evidence.
The Appellant provided her account of the incident and submitted photos
and testimonials to support Teardrop's good behavior. The Tribunal asked
the Appellant questions about the incident and Teardrop.
The Tribunal discussed the incident and inquired about the exhibits
entered into evidence.
The Tribunal recessed the Hearing to deliberate at 8:18 p.m. and
reconvened the Hearing at 8:59 p.m.
With respect to the Town’s objection to the admissibility of evidence
(photo of the leg of Teardrop), the Tribunal denied the Town's objection.
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The Tribunal further noted that based on the weight of the evidence, their
findings were consistent with the Town's position that Teardrop was the
aggressor in a dog-on-dog interaction that resulted in a bite that punctured
the skin of Honey.
Decision
1. That the muzzle order for Teardrop be upheld as issued to the dog's
owner Heshmat Rasouli, subject to the following and satisfaction of
the Town of Aurora:
1. Submission of a documented opinion from a professional dog
trainer of the Town’s approval that Teardrop does not show any
aggressive tendencies
2. That, at the point of satisfying this requirement, and no sooner than 18
months from the date of issuance of the muzzle order, we rescind the
muzzle order.
6. Adjournment
Moved By Daniel Lajeunesse
Seconded By Linda Duringer
That the hearing be adjourned at 9:09 p.m.
Carried