Kelowna man did not cause poodle to become dangerous: judge
A Kelowna man has successfully appealed a $1,000 fine he was issued for "causing or permitting" his poodle to become a dangerous dog,
A B.C. Supreme Court decision, posted Friday, outlines what led up to the fine and why it was ultimately set aside.
The ticket dates back to January of 2020 when Ian Sisett had his three dogs – large poodles named Charlie, Diva, and Biscuit – off-leash at Okanagan College.
A woman passing by, the court heard, was walking her "small dog" named Spike when Sisett's dogs approached. The court was told the woman was able to chase off two of them, but not the third.
"Charlie grabbed Spike by the head and shook him, causing significant injuries including a fractured jaw that needed to be wired shut until it healed," the court decision says, noting the ensuing vet bill amounted to more than $6,000.
Justice Gary P. Weatherill found that because Charlie injured Spike and because Spike's injuries were serious, the determination that the poodle was dangerous was not wrong.
But the fact that Charlie was off-leash in an area where that was not allowed was not enough evidence to prove that Sisett had violated the bylaw, the judge found.
"Before one can 'cause or permit' a dog to become a dangerous dog, there must be a degree of active participation or control in encouraging a dog to be dangerous … or a state of indifference or acquiescence in knowing a dog has a propensity towards violence and doing nothing about it," the judgment says.
"There was no evidence … that remotely suggested Mr. Sisett knew that Charlie had any such propensity. Indeed, the evidence is to the contrary, that Charlie was a one-year-old playful puppy that liked to 'sniff' other dogs in the same manner most dogs greet each other. There is no evidence that the incident was anything other than a one-off event."
Sisett also appealed the conviction on the grounds that the judge and prosecutor were biased against him, that he was denied the opportunity to properly prepare, and that he was prevented from cross-examining witnesses.
"I find no merit to Mr. Sisett’s submissions regarding the fairness of the trial," the judge wrote.
CTVNews.ca Top Stories
DEVELOPING Live updates as Stormy Daniels testifies at Trump hush money trial
Adult film star Stormy Daniels will take the stand a second time Thursday as former U.S. president Donald Trump’s hush money case continues in Manhattan. Follow live updates here.
NEW Why these immigrants to Canada say they're thinking about leaving, or have already moved on
For some immigrants, their dreams of permanently settling in Canada have taken an unexpected twist.
Here are the ultraprocessed foods you most need to avoid, according to a 30-year study
Studies have shown that ultraprocessed foods can have a detrimental impact on health. But 30 years of research show they don’t all have the same impact.
NEW Capital gains tax change 'shortsighted' and 'sows division' business groups tell Freeland
Forging ahead with increasing Canada's capital gains inclusion rate 'sows division,' and is a 'shortsighted' way to improve the deficit, business groups are warning Finance Minister Chrystia Freeland.
Ontario man frustrated after $3,500 paving job leaves driveway in shambles
An Ontario man considering having his driveway paved received a quote from a company for $7,000, but then, another paver in the neighbourhood knocked on his door and offered half that rate.
Defence attacks Stormy Daniels' credibility as she returns to the stand in Trump's hush money trial
Stormy Daniels will return to the witness stand Thursday in Donald Trump's hush money trial as the defence tries to undermine the credibility of the porn actor's salacious testimony about their alleged sexual encounter and the money she was paid to keep quiet.
With contactless screening tech, this Toronto startup hopes to catch breast cancer early — and save lives
Amid evidence of rising breast cancer rates among young women in Canada, one Toronto startup is offering a contactless and radiation-free device that can help doctors identify suspicious changes in breast tissue. The company, Linda Lifetech, says this can lead to earlier detection of breast cancer.
Tornadoes tear through southeastern U.S. as storms leave 3 dead
Forecasters warned a wave of dangerous storms in the U.S. could wash over parts of the South early Thursday, a day after severe weather with damaging tornadoes and large hail killed at least three people in the region.
Police handcuff man trying to enter Drake's Toronto mansion
Toronto police say a man was taken into custody outside Drake's Bridle Path mansion Wednesday afternoon after he tried to gain access to the residence.