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
Quebec nurse had to clean up after husband's death in Montreal hospital
On a night she should have been mourning, a nurse from Quebec's Laurentians region says she was forced to clean up her husband after he died at a hospital in Montreal.
Northern Ont. lawyer who abandoned clients in child protection cases disbarred
A North Bay, Ont., lawyer who abandoned 15 clients – many of them child protection cases – has lost his licence to practise law.
Bank of Canada officials split on when to start cutting interest rates
Members of the Bank of Canada's governing council were split on how long the central bank should wait before it starts cutting interest rates when they met earlier this month.
Maple Leafs fall to Bruins in Game 3, trail series 2-1
Brad Marchand scored twice, including the winner in the third period, and added an assist as the Boston Bruins downed the Toronto Maple Leafs 4-2 to take a 2-1 lead in their first-round playoff series Wednesday
Cuban government apologizes to Montreal-area family after delivering wrong body
Cuba's foreign affairs minister has apologized to a Montreal-area family after they were sent the wrong body following the death of a loved one.
'It was instant karma': Viral video captures failed theft attempt in Nanaimo, B.C.
Mounties in Nanaimo, B.C., say two late-night revellers are lucky their allegedly drunken antics weren't reported to police after security cameras captured the men trying to steal a heavy sign from a downtown business.
What is changing about Canada's capital gains tax and how does it impact me?
The federal government's proposed change to capital gains taxation is expected to increase taxes on investments and mainly affect wealthy Canadians and businesses. Here's what you need to know about the move.
New Indigenous loan guarantee program a 'really big deal,' Freeland says at Toronto conference
Canada's Deputy Prime Minister Chrystia Freeland was among the 1,700 delegates attending the two-day First Nations Major Projects Coalition (FNMPC) conference that concluded Tuesday in Toronto.
'Life was not fair to him': Daughter of N.B. man exonerated of murder remembers him as a kind soul
The daughter of a New Brunswick man recently exonerated from murder, is remembering her father as somebody who, despite a wrongful conviction, never became bitter or angry.